FISHERIES REGULATIONS 1992

Division 2 Possession, size and certain vessel limits for 46AA Definitions ...................................................................................... 34 46AB Amateur possession limits – specified fish .................................... 35 46AC Amateur possession limit – regulated molluscs and saltwater prawns ........................................................................................... 36 46AD Amateur possession limit – maximum size for king threadfin in Fish Management Zone ................................................................. 36 46AE Amateur possession limit – minimum size for mangrove jack........ 36

Subdivision 4 General defence for Subdivisions 2 and 3 46AF General defence for Subdivisions 2 and 3 ..................................... 37

Subdivision 5 Other possession and certain vessel limits for 46AG Amateur possession limit – freshwater prawns and freshwater crustaceans ................................................................................... 37 46A Amateur possession limit – tropical rock lobster ............................ 39 46B Amateur possession limits – general ............................................. 40 46BAA Definitions ...................................................................................... 42 46BAB Relationship with Division 2 ........................................................... 43 46BAC Vessel possession limits – specified fish ....................................... 43 46BAD Vessel possession limit – king threadfin in Fish Management Zone .............................................................................................. 44 46BA Molluscs generally to be retained in shell in the field ..................... 44 46C Certain fillets to be kept separate .................................................. 45 46D Amateur possession limits – swim bladders .................................. 45 48 Time for application for renewal..................................................... 46

Fisheries Regulations 1992 iv 49 Replacement licence or certificate ................................................. 46 52 Taking fish for sale prohibited in Kakadu National Park ................ 46 53 Nomination of mother boat ............................................................ 47 54 Marking of vessel........................................................................... 47 55 Marks to be removed from vessel which ceases to be registered....................................................................................... 48 56 Vessels used for commercial fishing and fishing tour operations ...................................................................................... 49 57 Registration fees where more than one licence ............................. 49 58 Sale and processing of fish............................................................ 49 59 No processing for sale etc. without licence .................................... 50 60 Processing surfaces etc. ............................................................... 50 61 Packaging of fish ........................................................................... 51 62 Labelling of fish.............................................................................. 51 63 Incorrect description ...................................................................... 52 64 Freezing......................................................................................... 52 65 Transport of frozen fish .................................................................. 52 66 Fish processing in Frances Bay Mooring Basin ............................. 53 67 Definition........................................................................................ 53 68 Criteria for grant or renewal of licence ........................................... 53 69 Assistants ...................................................................................... 53 70 Use of licensee's fishing gear by assistant .................................... 54 71 Sale of fish ..................................................................................... 54 72 No fishing for sale in vicinity of artificial reefs ................................ 55 72A Prohibition or limit on taking tuna etc. as by-catch......................... 55 73 Definitions ...................................................................................... 56 74 Declaration of Coastal Line Fishery ............................................... 56 77 Area of fishery ............................................................................... 56

Fisheries Regulations 1992 v 77A CLF licence.................................................................................... 57 78 Fishing gear ................................................................................... 57 78A Certain fish not to be taken ............................................................ 58 Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone 78B Fishery units generally ................................................................... 58 78C Total number of fishery units ......................................................... 58 78D Total allowable catch of black jewfish and golden snapper in CLF Western Zone ........................................................................ 59 78E Quota units generally ..................................................................... 59 78F Annual allocation of quota units ..................................................... 59 78G Notice of intention to fish in CLF Western Zone ............................ 60 78H Quota units to be held at start of voyage to CLF Western Zone .... 61 78J No fish on vessel at start of voyage to CLF Western Zone ............ 61 78K Fishing in CLF Western Zone limited to entitlement under quota units ..................................................................................... 62 78L Restrictions apply during voyage to CLF Western Zone ................ 62 78M Fish not to be moved between vessels .......................................... 62 78N Unloading fish ................................................................................ 63 78P Weighing fish ................................................................................. 63 78Q Compulsory monitoring on notice .................................................. 64 78R Application for transfer and approval by Director ........................... 64 78S Effective date of transfer ................................................................ 64 78T Sale or transfer of fishery units by Territory ................................... 65 78U Allocation of fishery units or quota units ........................................ 65 78V Transfer of fishery units or quota units .......................................... 65 78W Cancellation of quota units ............................................................ 65 79 Declaration of Coastal Net Fishery ................................................ 66 80 Licence regions ............................................................................. 66 81 Entry criteria .................................................................................. 66 83 Area of fishery ............................................................................... 66 84 Fishing gear ................................................................................... 67 85 Certain fish not to be taken ............................................................ 67

Fisheries Regulations 1992 vi 86 Declaration of Bait Net Fishery ...................................................... 67 87 Entry criteria and number of licences ............................................ 67 89 Area of fishery ............................................................................... 67 90 Fishing gear ................................................................................... 68 91 Certain fish not to be taken ............................................................ 68 Division 4 Spanish Mackerel Fishery 92 Declaration of fishery ..................................................................... 68 96 Definitions ...................................................................................... 68 96A Declaration of Off-shore Net and Line Fishery............................... 70 96B Area of fishery ............................................................................... 70 96C Mackerel Management zones........................................................ 70 96CA ONLF licence ................................................................................. 71 96CB Grant of ONLF licence ................................................................... 71 96CC Fishery units generally ................................................................... 71 96CD Total number of fishery units ......................................................... 71 96CE Total allowable catch ..................................................................... 72 96CF Quota units generally ..................................................................... 72 96CG Annual allocation of quota units ..................................................... 73 96CH Additional allocation of quota units for undercatch ........................ 74 96CI Overcatch ...................................................................................... 76 96CJ Application for transfer and approval by Joint Authority................. 76 96CK Effective date of transfer ................................................................ 77 96CL Sale or transfer of fishery units by Territory ................................... 77 96CM Allocation of fishery units or quota units ........................................ 77 96CN Transfer of fishery units or quota units .......................................... 78 96CO Cancellation of quota units ............................................................ 78

Fisheries Regulations 1992 vii 96D Taking of fish ................................................................................. 78 100 Fishing gear ................................................................................... 79 100A Maintenance and operation of vessel monitoring system .............. 80 100B Navigating in Grey Mackerel Management Zones ......................... 80 100C Minimum quota units to be held at start of voyage ........................ 81 100D No fishing under another licence during voyage ............................ 82 100E Fish not to be moved between vessels .......................................... 83 100F Processing at sea .......................................................................... 83 100G Unloading fish ................................................................................ 84 100H Weighing fish ................................................................................. 84 100J Calibration of scales ...................................................................... 85 100K Compulsory monitoring when certain gear on vessel .................... 85 100L Compulsory monitoring in other circumstances ............................. 86 100M Compulsory monitoring after offence committed or infringement notice served............................................................. 87 100N Compulsory monitoring on notice .................................................. 89 100P Approved monitoring equipment .................................................... 89 101 Definitions ...................................................................................... 90 102 Declaration of Demersal Fishery ................................................... 90 103 Area of fishery ............................................................................... 90 104 DF licence...................................................................................... 92 105 Grant of DF licence ........................................................................ 93 106 Fishery units generally ................................................................... 93 107 Total number of fishery units ......................................................... 93 107A Total allowable catch ..................................................................... 94 107B Quota units generally ..................................................................... 94 107C Annual allocation of quota units ..................................................... 95 107D Additional allocation of quota units for undercatch ........................ 96 107E Notice of intention to fish ............................................................... 97 107F Permitted fishing gear .................................................................... 98 107G Use of cast net............................................................................... 98 107H Use of restricted bait net ................................................................ 98 107J Approval to use finfish trawl gear................................................... 98

Fisheries Regulations 1992 viii

107K Use of finfish trawl gear or vessel with finfish trawl gear on board ............................................................................................. 99 107KA Maintenance and operation of VMS ............................................ 100 107L Minimum quota units to be held at start of voyage ...................... 101 107M No fish on vessel at start of voyage ............................................. 102 107N Fishing limited to entitlement under quota units........................... 102 107P Certain fish not to be taken .......................................................... 102 107Q No fishing under another licence during voyage .......................... 103 107R Fish not to be moved between vessels ........................................ 103 107S Fish not to be processed before unloading .................................. 103 107T Prior landing notice ...................................................................... 103 107U Unloading fish .............................................................................. 104 107V Weighing fish ............................................................................... 104 107W Unload notice............................................................................... 105 107X Compulsory monitoring when certain gear on vessel .................. 105 107Y Compulsory monitoring after offence committed or infringement notice served........................................................... 106 107Z Compulsory monitoring on notice ................................................ 108 108 Application for transfer and approval by Joint Authority............... 108 108A Effective date of transfer .............................................................. 109 108B Sale or transfer of fishery units by Territory ................................. 109 108C Allocation of fishery units or quota units ...................................... 109 108D Transfer of fishery units or quota units ........................................ 110 108E Cancellation of quota units .......................................................... 110 109 Number of licences ...................................................................... 110 110 Transfer of licence ....................................................................... 110 Division 8 Mud Crab Fishery 111 Declaration of fishery ................................................................... 111 Division 9 Mollusc Fishery 115 Declaration of fishery ................................................................... 111 117 Definitions .................................................................................... 111

Fisheries Regulations 1992 ix 118 Declaration of Pearl Oyster Fishery ............................................. 113 119 Use and sale of pearl oysters ...................................................... 113 120 Grant of licence ........................................................................... 113 121 Renewal of licence ...................................................................... 114 122 Transfer of licence ....................................................................... 114 122A Number of pearl oysters that may be taken ................................. 114 122B Method of taking pearl oysters..................................................... 115 122C Total allowable catch ................................................................... 115 122D Pearl oyster fishing units ............................................................. 115 122E Allocation of pearl oyster fishing units ......................................... 116 122F Transfer of pearl oyster fishing unit must be in accordance with this Division .......................................................................... 116 122G Application for transfer ................................................................. 116 122H Director must approve or refuse application ................................ 117 122J Commencement and duration of transfer .................................... 117 122K Where units transferred to licensee ............................................. 117 122L Where units transferred to person who intends to apply for licence ......................................................................................... 118 122M Licence revoked if minimum number of pearl culture units not held after transfer ........................................................................ 118 122N Transfer of pearl oysters .............................................................. 118 122P Pearl oyster fishery dump sites.................................................... 118 122Q Licensee must permit inspection of pearl oysters ........................ 119 122R No unauthorised removal of pearl oysters ................................... 119 129 Declaration of fishery ................................................................... 119 130 Number of licences ...................................................................... 119 131 Area of fishery ............................................................................. 119 132 Purchase or sale of fish ............................................................... 119 133 Fishing gear ................................................................................. 120

Fisheries Regulations 1992 x 134 Declaration of fishery ................................................................... 120 135 Number of licences ...................................................................... 120 135A Transfer of licences ..................................................................... 120 136 Area of fishery ............................................................................. 120 137 Fishing gear ................................................................................. 121 138 Licence required to trial gear or fishing methods ......................... 121 139 Director may grant licence ........................................................... 121 140 Period of licence &c. .................................................................... 121 141 No transfer of licence ................................................................... 121 141A Definitions .................................................................................... 122 141B Declaration of Timor Reef Fishery ............................................... 122 141C Area of fishery ............................................................................. 122 141D TRF licence ................................................................................. 123 141E Grant of TRF licence ................................................................... 123 141F Fishery units generally ................................................................. 123 141G Total number of fishery units ....................................................... 124 141H Total allowable catch ................................................................... 124 141J Quota units generally ................................................................... 124 141JA Annual allocation of quota units ................................................... 125 141JB Additional allocation of quota units for undercatch ...................... 126 141JC Notice of intention to fish ............................................................. 127 141JD Permitted fishing gear .................................................................. 128 141JDA Maintenance and operation of VMS ............................................ 128 141JE Minimum quota units to be held at start of voyage ...................... 128 141JF No fish on vessel at start of voyage ............................................. 129 141JG Fishing limited to entitlement under quota units........................... 129 141JH Certain fish not to be taken .......................................................... 130 141JI No fishing under another licence during voyage .......................... 130 141JJ Fish not to be moved between vessels ........................................ 130 141JK Fish not to be processed before unloading .................................. 130

Fisheries Regulations 1992 xi 141JL Prior landing notice ...................................................................... 130 141JM Unloading fish .............................................................................. 131 141JN Weighing fish ............................................................................... 131 141JO Unload notice............................................................................... 132 141JP Compulsory monitoring when finfish long-line on vessel ............. 132 141JQ Compulsory monitoring after offence committed or infringement notice served........................................................... 133 141JR Compulsory monitoring on notice ................................................ 135 141JS Application for transfer and approval by Joint Authority............... 136 141JT Effective date of transfer .............................................................. 136 141JU Sale or transfer of fishery units by Territory ................................. 136 141JV Allocation of fishery units or quota units ...................................... 137 141JW Transfer of fishery units or quota units ........................................ 137 141JX Cancellation of quota units .......................................................... 137 141R Declaration of Jigging Fishery ..................................................... 137 141S Entry criteria ................................................................................ 138 141T Transfer of licence ....................................................................... 138 141U Area of fishery ............................................................................. 138 141W Fishing gear ................................................................................. 138 141Y Certain fish not to be taken .......................................................... 138 142 Application of Part ....................................................................... 138 143 Criteria for grant or renewal ......................................................... 139 144 Application ................................................................................... 139 145 Place of processing ..................................................................... 139 147 Sale of live fish to certain licensees prohibited ............................ 140 148 Labelling of fish from aquaculture facility ..................................... 140 149 Fish on premises deemed to be for sale ...................................... 140 150 Fish Trader/Processor may process and resell ........................... 140 151 Purchase of fish ........................................................................... 141 152 Export of food .............................................................................. 141

Fisheries Regulations 1992 xii 154 Sale of fish ................................................................................... 141 155 Purchase of fish ........................................................................... 141 156 Fish Broker licence ...................................................................... 142 157 Sale of fish ................................................................................... 142 158 Purchase of fish ........................................................................... 142 Division 5 Sale of fish from Demersal Fishery or Timor Reef Fishery 158A Sale of fish to licence holder ........................................................ 143 160 Criteria for grant or renewal ......................................................... 143 161 Application for licence .................................................................. 144 162 Place of processing to be specified in licence ............................. 144 163 Modification of aquaculture facility ............................................... 145 165 Licence details to be displayed .................................................... 145 166 Export of food .............................................................................. 145 167 Freezer capacity .......................................................................... 145 168 Broodstock ................................................................................... 145 169 Labelling of fish etc. from aquaculture facility .............................. 146 170 Activities authorised by Aquaculture licence ................................ 146 171 Conditions of licence ................................................................... 146 172 Licence conditional on construction ............................................. 147 173 Possession of broodstock ............................................................ 148 174 Sale of fish ................................................................................... 148 175 Disposal of broodstock ................................................................ 149 175A Activities authorised by Ornamental Aquaculture licence ............ 149 175B Limit on size of aquaculture facility .............................................. 149 175C Conditions of licence ................................................................... 149 175D Possession of broodstock ............................................................ 150 175E Sale of fish ................................................................................... 150 175F Disposal of broodstock ................................................................ 151

Fisheries Regulations 1992 xiii 176 Definitions .................................................................................... 151 177 Grant of licence ........................................................................... 152 178 Renewal of licence ...................................................................... 152 179 Transfer of licence ....................................................................... 153 180 Licence revoked if licensee not permitted to seed minimum number of pearl culture units ....................................................... 153 181 Holding areas .............................................................................. 153 181A Licensee must permit inspection of pearl oysters ........................ 153 181B Cancellation, revocation or expiry of licence................................ 154 182 Criteria for grant or renewal ......................................................... 155 183 Application for licence .................................................................. 155 184 Director may grant licence ........................................................... 155 185 No transfer of licence ................................................................... 155 186 Lapse of licence........................................................................... 156 187 Licensee restrictions in relation to commercial fishing ................. 156 188 Area of licence ............................................................................. 156 189 Fishing gear ................................................................................. 156 190 Conditions of licence ................................................................... 157 191 To whom fish may be sold ........................................................... 157 191A Limit on selling fish ...................................................................... 157 192 Licence required for tour operator ............................................... 158 193 Criteria for grant or renewal ......................................................... 158 195 Area of fishery ............................................................................. 158 196 Fishing gear ................................................................................. 158 196A Licence does not authorise taking fish for sale ............................ 159 198 Fish not to be traded .................................................................... 159 199 Sale, purchase and exhibition of live fish and aquatic life ............ 159 200 Place of trade to be set out in licence .......................................... 159 201 Licence to be displayed ............................................................... 160 201A Notification of exhibition ............................................................... 160

Fisheries Regulations 1992 xiv 202 Taking, purchasing and exhibiting live fish and aquatic life ......... 160 202A Fishing gear ................................................................................. 161 203 Licence required for selling or repairing nets ............................... 161 204 Places where net may be kept..................................................... 161 205 Restrictions on sale and repair .................................................... 161 205AA Classes of Fisheries Inspectors ................................................... 162 205AB Powers of Fisheries Inspectors.................................................... 162 205AC Additional powers of Fisheries Inspectors (Class 2) .................... 162 205AD Fisheries Inspector to produce evidence of identity ..................... 164 205A Infringement notice offences........................................................ 164 206 Minister may prescribe fees ......................................................... 164 207 NTSCI levy payable ..................................................................... 165 208 Barramundi levy........................................................................... 166 208A Timor Reef Fishery licence levy................................................... 166 208B Demersal Fishery licence levy ..................................................... 167 208C Pearl oyster licence levy .............................................................. 167 208CA Off-shore Net and Line Fishery licence levy ................................ 167 208D Vessel monitoring system levy .................................................... 168 209 General offences ......................................................................... 168 209A Application of Act to holders of certain permits under Commonwealth Act ..................................................................... 168 209B Review of decisions made in relation to Joint Authority fishery ... 169 Part 13 Repeals and transitional matters for Regulations No. 72 of 1992 210 Repeal and savings ..................................................................... 170 Part 14 Transitional matters for Fisheries Amendment (Off-Shore Net and Line Fishery) Regulations 2005 211 Definitions .................................................................................... 170 212 Savings – Shark Fishery licence etc. ........................................... 170 213 Savings – instruments ................................................................. 171

Fisheries Regulations 1992 xv

Part 15 Transitional matters for Fisheries Amendment (Pearl Oyster Fishery) Regulations 2006 214 Application of amendment ........................................................... 171 215 Savings – licensing year .............................................................. 171 Part 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery) 216 Interpretation ............................................................................... 172 217 Revocation of old licences ........................................................... 172 218 Grant of TRF licences .................................................................. 172 219 Allocation of fishery units ............................................................. 173 220 Transfer of fishery units if TRF licence not granted ..................... 173 221 Allocation of quota units in first licence year ................................ 173 Part 17 Transitional matters for Fisheries Amendment (Demersal Fishery) 222 Interpretation ............................................................................... 174 223 Revocation of old licences and refund ......................................... 174 224 Grant of DF licences .................................................................... 175 225 Allocation of fishery units ............................................................. 175 226 Transfer of fishery units if DF licence not granted ....................... 176 227 Allocation of quota units in first licence year ................................ 176 Part 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and 228 Definitions .................................................................................... 176 229 Restricted and unrestricted Coastal Line Fishery licences become CLF licences .................................................................. 177 230 Allocation of fishery units to eligible CLF licences ....................... 177 231 Allocation of quota units to eligible CLF licences ......................... 178 232 Application of regulation 78F ....................................................... 178 Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line 233 Interpretation ............................................................................... 178 234 Revocation of old licences ........................................................... 179 235 Grant of ONLF licences ............................................................... 179

Fisheries Regulations 1992 xvi 236 Allocation of fishery units to eligible licences ............................... 179 237 Allocation of quota units to ONLF licences .................................. 181 238 Transfer of fishery units if ONLF licence not granted................... 182 Schedule 2 Licence or permit for which fees are payable Schedule 3 Licence or permit for which levies are payable Schedule 5 Tuna or tuna like species in respect of which taking as by-catch is prohibited or limited

Schedule 7 Species of fish or aquatic life for which permit to import may be granted

As in force at 31 July 2024

FISHERIES REGULATIONS 1992 Regulations under the Fisheries Act 1988 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Fisheries Regulations 1992. 2 Commencement These Regulations shall come into operation on 1 January 1993. 3 Interpretation (1) In these Regulations: Aboriginal Coastal licence means a licence granted in accordance with Part 11, Division 2. Aboriginal Coastal licensee means the holder of an Aboriginal Coastal licence. approved monitoring equipment means fishing monitoring equipment approved in writing by the Joint Authority. aquaculture facility means a lease or parcel of land or leases or parcels of adjacent land (whether or not covered by water) upon which an aquaculture operation is carried out. Aquaculture licence means a licence granted for the purposes of Part 10, Division 2. Aquaculture licensee means the holder of an Aquaculture licence.

Fisheries Regulations 1992 2 aquarium means a pond, tank or other container with a surface area not exceeding 10 m 2 used for keeping live fish or aquatic life, and used otherwise than for the purposes of aquaculture. Aquarium Trader licence means a licence granted for the purposes of Part 11, Division 4. Aquarium Trader licensee means the holder of an Aquarium Trader licence. assistant means a person who assists a licensee or an approved operator in the conduct of fishing operations. bait means fish, aquatic life, meat or other organic substance capable of being used, or intended to be used, to entice fish or aquatic life. baitfish means any of the following: (a) fish of the family Mugilidae (commonly known as mullet); (b) fish of the family Hemiramphidae (commonly known as garfish); (c) fish of the family Clupeidae or family Engraulidae (commonly known as pilchards, herring and sardines); (d) fish of the family Sillaginidae (commonly known as whiting). baitfish (Division 2), for Part 5, Division 2, see regulation 46AA. barramundi means fish of the species Lates calcarifer. baseline means the territorial sea baseline of the Territory declared under the Seas and Submerged Lands Act 1973 (Cth) by Proclamation published in Commonwealth Gazette No. S29 on

9 February 1983 (as amended). billfish means fish of the family Istiophoridae (commonly known as billfish). black jewfish means fish of the species Protonibea diacanthus (commonly known as black jewfish). bream means fish of the genus Acanthopagrus (commonly known as bream). broodstock means adult fish or aquatic life taken or used for breeding in an aquaculture facility.

Fisheries Regulations 1992 3 cephalopod means a mollusc of the class Cephalopoda which includes, but is not limited to, the species commonly known as cuttlefish, octopus and squid. Chief Inspector, see the Livestock Act 2008. coastline means: (a) except in relation to the mouth of a river, an imaginary line drawn along the coast at the Highest Astronomical Tide; or (b) in relation to the mouth of a river, an imaginary line, contiguous with the adjacent coastline, drawn across the mouth of the river. cod means cod, grouper or any other fish of the genus Epinephelus, Cromiletpes or Cephalopholis. combined Blacktip Shark, for Part 8, Division 5, see regulation 96. combined fin fish group (by-product) species, for Part 8, Division 5, see regulation 96. combined other Shark group species, for Part 8, Division 5, see regulation 96. combined Shark group, for Part 8, Division 5, see regulation 96. commercial fishing licence means a licence relating to a fishery specified in or referred to in Part 8. commercial fishing licensee means a person who holds a commercial fishing licence. Committee means the Disease and Pest Control Committee established under regulation 19. coral trout, for Part 5, Division 3, see regulation 46BAA. crab, for Part 5, Division 2, see regulation 46AA. Daly River Fish Management Zone means the area described in Schedule 1AA. Darwin port means the Port of Darwin as defined in section 3 of the Ports Management Act 2015. Eastern Grey Mackerel Management Zone, for Part 8, Division 5, see regulation 96C(2).

Fisheries Regulations 1992 4 exotic means, in relation to fish or aquatic life, fish or aquatic life that is not indigenous to the Territory. fillet means part or all of the body musculature of a fish extending from the base of its head to its tail. fin fish means fish of the Class Teleostei. fin fish length means the length of a fin fish from the tip of the snout to the tip of the middle ray of the caudal fin while the fish is lying flat. Fish Broker licence means a licence for the purposes of Part 9, Division 4. Fish Broker licensee means the holder of a Fish Broker licence. Fish Management Zone means the Daly River Fish Management Zone or Mary River Fish Management Zone. Fish Retailer licence means a licence for the purposes of Part 9, Division 3. Fish Retailer licensee means the holder of a Fish Retailer licence. Fish Trader/Processor licence means a licence for the purposes of Part 9, Division 2. Fish Trader/Processor licensee means the holder of a Fish Trader/Processor licence. fishery unit, for Part 8, Division 5, see regulation 96CC(1). Fishing Tour Operator licence means a licence for the purposes of Part 11, Division 3. Fishing Tour Operator licensee means the holder of a Fishing Tour Operator licence. fishing tour operation means an expedition organised for reward, fee or other valuable consideration, enabling people to engage in amateur fishing. Food Standards Code means the Code adopted as a law of the Territory by the Food Standards Regulations. fork length, of a king threadfin, means the length of the king threadfin measured from the tip of the snout to the fork of the tail fin while the fish is lying flat on a measuring tape or measuring device. freshwater crustacean means a freshwater prawn or redclaw.

Fisheries Regulations 1992 5 freshwater prawn means a crustacean of the genus Macrobrachium (commonly known as a freshwater prawn or cherabin). goldband snapper means fish of the genus Pristipomoides (commonly known as goldband snapper). golden snapper means fish of the species Lutjanus johnii (commonly known as golden snapper). Gove port means the port at Gove Harbour bounded by an imaginary line extending between the co-ordinates 6820 E

86520 N, 6820 E 86470 N, 6860 E 86470 N and 6860 E 86520 N on Map Sheet Gove 6273. Grey Mackerel, for Part 8, Division 5, see regulation 96. grouped fish means fish other than barramundi, goldband snapper, king threadfin, red snapper, Spanish mackerel, shark and mud crab. high water mark means Highest Astronomical Tide. indigenous, in relation to fish or aquatic life, does not include the progeny of an introduced species of fish or aquatic life. Joint Authority means the Northern Territory Fisheries Joint Authority established under section 12D(1) of the Fisheries Act 1952 (Cth) (repealed) and continued in existence by section 7(4)(a) of the Fisheries Legislation (Consequential Provisions) Act 1991 (Cth). king threadfin means fish of the species Polydactylus macrochir (commonly known as king threadfin). licensing year means the year commencing on 1 July in a year and expiring with 30 June in the following year. low water mark means Lowest Astronomical Tide. mackerel means fish of the genus Scomberomorus. making way means, in relation to a vessel, moving through water by the use of sails, motors, oars or other means of propulsion, including being towed by another vessel, but does not include movement through water by the action of waves or tides alone. mangrove jack means fish of the species Lutjanus argentimaculatus (commonly known as mangrove jack).

Fisheries Regulations 1992 6 Mary River Fish Management Zone means the area described in

Schedule 3 to the Barramundi Fishery Management Plan 1998. mollusc means fish of the Phylum Mollusca. mother boat means the registered vessel nominated under regulation 53. mud crab means crabs, or parts of crabs, of the genus Scylla. Net licence means a licence granted for the purposes of Part 11, Division 5. Net licensee means the holder of a Net licence. no-take species, for Part 8, Division 5, see regulation 96D(3). notifiable disease means a disease causing significant mortality or poor health in fish or aquatic life. Off-shore Net and Line Fishery area, for Part 8, Division 5, see regulation 96B(1). ONLF licence, for Part 8, Division 5, see regulation 96. Ornamental Aquaculture licence means a licence granted for the purposes of Part 10, Division 2A. Ornamental Aquaculture licensee means the holder of an Ornamental Aquaculture licence. pearl oyster means molluscs of the genus Pinctada. Pearl Oyster Culture Industry licence means a licence granted for the purposes of Part 10, Division 3. pilchard, for Part 5, Division 2, see regulation 46AA. place includes land, waters, buildings, vehicles and vessels. Public Aquarium licence means a licence for the purposes of Part 11, Division 4A. Pearl Oyster Culture Industry licensee means the holder of a Pearl Oyster Culture licence. Public Aquarium licensee means the holder of a Public Aquarium quota unit, for Part 8, Division 5, see regulation 96CF(1).

Fisheries Regulations 1992 7 redclaw means a crustacean of the species Cherax quadricarinatus (commonly known as a redclaw). red emperor, for Part 5, Division 3, see regulation 46BAA. red snapper means fish of the species Lutjanus malabaricus or Lutjanus erythropterus (commonly known as red snapper). red snapper (Division 2), for Part 5, Division 2, see regulation 46AA. register, for Part 8, Division 5, see regulation 96. regulated mollusc means a mollusc that is not a cephalopod. repealed Regulations means the Regulations repealed by regulation 210. river closure line, in relation to a river specified in Schedule 5 of the Barramundi Fishery Management Plan 1998 as in force from time to time, means a straight line drawn between the co-ordinates specified in that Schedule for that river. Russell's snapper, for Part 5, Division 3, see regulation 46BAA. saltwater prawn, for Part 5, Division 2, see regulation 46AA. shark means fish of the Class Chondricthyes. shark (Division 2), for Part 5, Division 2, see regulation 46AA. snapper means fish of the family Lutjanidae. Spanish mackerel means fish of the species Scomberomorus commerson (commonly known as Spanish mackerel). species group: (a) for Part 8, Division 5, means any of the following: (i) combined Blacktip Shark; (ii) combined fin fish group (by-product) species; (iii) combined other Shark group species; (iv) combined Shark group; (v) Grey Mackerel; (vi) Spot-tail Shark; and

Fisheries Regulations 1992 8 (b) for Part 8, Divisions 6 and 15, means any of the following: (i) goldband snapper; (ii) red snapper; (iii) grouped fish. Spot-tail Shark, for Part 8, Division 5, see regulation 96. stripey snapper, for Part 5, Division 3, see regulation 46BAA. total allowable catch, for Part 8, Division 5, see regulation 96CE. trepang means fish of the Class Holothuroidea. tricky snapper, for Part 5, Division 3, see regulation 46BAA. trunk means a fish from which the head has been removed. tuskfish, for Part 5, Division 3, see regulation 46BAA. underwater breathing apparatus means artificial breathing apparatus designed for use underwater, other than a snorkel. under way means, in relation to a vessel, a vessel which is not: (a) aground; or (b) anchored (whether directly or indirectly); or (c) made fast to the shore. vessel, for Part 5, Division 3, see regulation 46BAA. vessel length means the length of a vessel measured in accordance with the Uniform Code as defined in section 7(1) of the Marine Act 1981. voyage means the period between a vessel leaving a port, permanent camp site or approved anchorage and returning to a port, permanent camp site or approved anchorage, during which time fishing under a licence has taken place. Western Grey Mackerel Management Zone, for Part 8, Division 5, see regulation 96C. (2) In these Regulations, a licence name specified by reference to a fishery means a licence granted in respect of the fishery to which the licence name refers and a reference to a licensee specified by reference to a fishery means a person holding a licence in respect

Fisheries Regulations 1992 9 of the fishery referred to. (3) If, under these Regulations, a point, line, area or relative position is to be calculated by reference to the coastline or an imaginary line along the coastline (whether or not along a particular water line on the coast) the coastline or imaginary line along the coastline is taken to include: (a) in relation to a river specified in Schedule 5 of the Barramundi Fishery Management Plan 1998 as in force from time to time, the river closure line specified in that Schedule for that river; and (b) in relation to any other river, an imaginary straight line across the mouth of the river calculated in the same manner as for the calculation of the baseline for the purposes of the Seas and Submerged Lands Act 1973 (Cth) had all off-lying islands and historical bays and waters been ignored. (4) If the scientific name of a fish or aquatic life changes, a reference in these Regulations to the scientific name must be read as including the new scientific name of the fish or aquatic life.

4 Definitions relating to gear In these Regulations: amateur fishing gear means gear specified in regulation 46(1). amateur drag net means a net that: (a) is made of twine that has a diameter of not less than 0.35 mm; and (b) has a mesh size of not more than 28 mm; and (c) does not exceed 16 m in length (excluding any attached haul lines); and (d) has a drop of not more than 2 m. Note for paragraph (a) Twine that has a diameter of not less than 0.35 mm is equivalent to 6 kg monofilament fishing line. auto-baiting device means a device, through which fish hooks are passed, that assists in fixing baits to the hooks.

Fisheries Regulations 1992 10 bait net means a net which: (a) is not longer than 300 m, excluding the length of any attached (b) has both pocket, if any, and net made of mesh not larger than 65 mm; and cast net means a net which: (a) has a diameter not more than 6 m; and (b) is made of mesh not larger than 25 mm; and (c) has a drop of not more than 3 m when suspended from the centre. coastal net means a net which: (a) is not longer than 300 m, excluding the length of any attached (b) has both the pocket, if any, and net made of mesh not larger than 65 mm; and complying freshwater pot means an enclosed pot that: (a) is designed to take freshwater crustaceans; and (b) is made of flexible net that: (i) is stretched over a metal frame; and (ii) has a mesh size of not less than 15 mm; and (c) has not more than 2 openings (excluding any opening for emptying crustaceans from the pot or placing bait in the pot); and (d) does not have metal or other rigid material protruding into the funnel of the pot; and (e) does not exceed 70 cm in length or 50 cm in width or height; and

Fisheries Regulations 1992 11 (f) has a turtle excluder device fitted to each opening (excluding any opening for emptying crustaceans from the pot or placing bait in the pot); and (g) does not have inside or attached to it material that is likely to complying marine pot means an enclosed pot that: (a) is designed to take mud crabs; and (b) has a volume of 0.5 m 3 or less; and (c) does not exceed 1 m in length, width or height; and (d) for a pot made from polyethylene mesh used for amateur fishing – has a minimum mesh size of 50 mm when stretched; and (e) has not more than 4 openings (excluding any opening for emptying mud crabs from the pot or placing bait in the pot); and (g) does not have inside or attached to it material that is likely to demersal means on or near the sea bed. demersal long-line means a main line anchored to the seabed at both ends and at intervals along its length, to which hooks or branch lines with hooks are attached. dilly pot means a pot that: (a) is made of flexible net that: (i) is stretched over one or more metal hoops that do not exceed 1 m in diameter; and (ii) has a mesh size of not less than 15 mm; and (iii) does not exceed 1 m in length; and (b) is constructed so that, when set, the sides collapse and the net lies flat on the ground and is not capable of entangling fish or aquatic life; and (c) does not have attached to it material that is likely to entangle fish or aquatic life.

Fisheries Regulations 1992 12 drop, in relation to a net, means the distance between the head and foot ropes where the net is in normal operation or, if ropes are not present, the positions in which they would be located if present. drop line means a weighted line which has not less than 6 and not more than 40 hooks attached. finfish long-line means a main line that: (a) is weighted to the seabed at both ends; and (b) has finfish snoods, or branch lines with finfish snoods, attached to it. finfish snood means a short length of unsheathed monofilament nylon or fluorocarbon material that: (a) has a diameter of not more than 2 mm; and (b) has a fish hook attached to it. finfish trawl gear means a net: (a) which has a mesh size of more than 110 mm; and (b) the cod end of which is not covered by a double cod end liner; and (c) the total weight on the footline (including bobbin lines, chains, bridles and any other device weighing on the footline) of which does not exceed 4 kilograms wet weight in the air per linear metre; and (d) the twine size in the forward half (including wing and belly sections) of which does not exceed 90 ply by 400 denier or the equivalent in other material types. fish-trap means a portable cage or part of a cage designed or intended to catch fish or which is capable of catching fish, that: (a) has a volume greater than 0.5 m 3; and (b) has an external structure made of wire, steel or other rigid material or other approved material; and (c) does not have inside or attached to it material that is likely to

Fisheries Regulations 1992 13 fixed fish-trap means a permanently positioned structure made of wire, steel or other rigid material which has a door at least 1 m 2 in the seaward part of the lower third of the trap through which fish may escape when the structure is not in use. funnel, of a pot, means the opening and adjoined internal flute of the pot that allows crustaceans to enter the pot. gill net means a net or part of a net (including any warp, rope, chain, material, device or thing used in conjunction with or attached to the net or part of the net) that: (a) has a mesh size greater than 65 mm; and (b) is used or is capable of being used to catch fish or aquatic life. hand spear means a spear propelled by human power without the use of a device. jigging gear means a line to which is attached one or more hooked rippers, being a device the stem of which is fitted with at least one, but not more than 3, circles of upturned, barbless hooks. line includes a mono-filament, multi-filament, synthetic or natural fibre twine, material, wire, rope or chain. mesh means one of the open spaces of a net. mesh size, in relation to a net, means the distance between the inner edges of the knots of opposite corners of the mesh or, where the mesh does not have knots, the inner edges of opposite corners of the mesh, measured with the mesh closed, as determined in accordance with regulation 6. mono-filament twine means one continuous length of fibre of synthetic material that is not twisted but is suitable for use as a twine. multi-filament twine means: (a) fibres, made of synthetic or natural material, that are twisted together to form a filament, then twisted to form a strand; or (b) a combination of mono-filament twines twisted or knotted to form a continuous twine.

Fisheries Regulations 1992 14 net means a device made of twine forming a number of meshes used or designed to be used to catch or hold fish, whether or not lead ropes, floats, lead lines, anchors or leads are attached, but does not include a scoop net which is hand held and attached to a rigid hoop. pelagic long-line means a main line that can be anchored and to which hooks or branchlines with hooks are attached. pelagic net means a net: (a) constructed of twine not less than 0.9 mm diameter; and (b) with a mesh size of not less than 160 mm and not greater than 185 mm; and (c) having a drop of not more than 100 meshes. pocket means a structure, made of net and attached to or forming part of a net, in which fish may be collected. pot means a portable device designed to act as a trap, or that may act as a trap, for crustaceans. regulated pot means a complying freshwater pot, complying marine pot or dilly pot. restricted bait net means a net which: (a) is not longer than 100 m, excluding the length of any attached (b) has both pocket, if any, and net made with a mesh 65 mm or less; and scoop net means a net, a landing net, a basket or other similar device with an attached handle, made of mesh attached to a frame and designed to be held in the hand at all times when in use for scooping fish from water. snood means a short length of line that has a fish hook attached to it. spear-gun means a device used in underwater fishing to propel spears, arrows or other projectiles and includes propulsion by means of rubber (commonly known as an Hawaiian sling), bows, compressed gas or explosive charges.

Fisheries Regulations 1992 15 traditional fish trap, for an Aboriginal Coastal licensee, means a structure intended to catch fish, that: (a) is of a design traditionally used by members of the community or group mentioned in regulation 183(a) of which the licensee is a member; and (b) has walls leading to the holding area in the trap of not more than 100m in length. trammel net means a configuration of multi-panelled nets set one behind the other, all or some or part of which are attached to the same section of a headrope. troll line means a line to which is attached only one of the (a) one hook; (b) one set of joined hooks attached to the one piece of bait; (c) one lure to which hooks may be attached. turtle excluding device means a rigid ring with an internal diameter not greater than 90 mm. twine means mono-filament or multi-filament twine. vertical line means a weighted line to which no more than 5 hooks are attached.

5 Application (1) These Regulations (including those regulations not contained in Part 8, Division 5, 6, 15 or 16), to the extent that they can apply, extend to and are taken to apply to each Joint Authority fishery to be managed in accordance with the law of the Territory by the Joint Authority. (2) These Regulations are, to the extent that they apply to a Joint Authority fishery, made under section 70 of the Act.

6 Determination of mesh size (1) Where a method for the determination of the mesh size of a net to be used in a fishery is specified in the fishery management plan for that fishery, that method is to be used.

Fisheries Regulations 1992 16 (2) To determine the mesh size of finfish trawl gear, the following method is to be used: (a) immediately before the measurement is taken, the part of the net to be measured is to be soaked in fresh or salt water for not less than 5 minutes; (b) the part of the net to be measured is to be suspended vertically; (c) the distance between the surface of a knot and the surface of the opposite knot in the same mesh or, in the case of a mesh without knots, the opposite corners of a mesh is to be measured by means of a device which has 2 arms, the upper of which is fixed and the lower of which: (i) is capable of moving freely in relation to the upper; and (ii) has a weight of 3170 grams acting on it; (d) the device is to be graduated so that the distance between the upper and lower arms of the device can be ascertained to the nearest millimetre; (e) the device is to be suspended so that the upper arm is in contact with the top of the mesh being measured and the lower arm is free to move, allowing the weight acting on the lower arm to pull the mesh taut; (f) the measurement of the mesh is to be taken to be the average measurement of 10 meshes at least 30 cm from each other. (3) To determine the mesh size of a net to which neither subregulation (1) nor (2) applies, the following method is to be used: (a) immediately before the measurement is taken, the part of the net to be measured is to be soaked in fresh or salt water for not less than 5 minutes; (b) a device graduated in millimetres is to be used to measure the distance between opposite knots or, in the case of a mesh without knots, opposite corners of a mesh when the mesh is closed; (c) the mesh is closed when the sides of the mesh are as close to touching each other as practicable by the use of sufficient tension by hand or other means but without the use of such tension as to stretch the net material or the mesh past its natural length;

Fisheries Regulations 1992 17 (d) the measurement of the mesh is to be taken to be the average measurement of 10 meshes at least 30 cm from each other.

7 Interference with fishing operation A person shall not, without lawful authority: (a) interfere with a vessel or fishing gear being used for fishing; or (b) hinder or obstruct a person fishing.

8 No tethering of fish (1) A person must not place or retain a fish on a tether after the fish has been taken. (2) Subregulation (1) applies whether the fish is alive or dead. the defendant proves the fish was at the defendant's place of permanent residence. 9 Certain fish not to be taken or possessed (1) A person must not take or have possession of any of the following: (a) cod that is more than 1.2 m long; (b) northern river shark, or speartooth shark, of the genus Glyphis; (c) sawfish of the genus Pristis, but not including wide sawfish (Pristis pectinata); (d) molluscs of the family Tridacnidae (giant clam). (2) It is a defence to a charge of an offence against subregulation (1) if the defendant proves the fish were taken or possessed under a licence or permit.

Fisheries Regulations 1992 18

10 Protected species not to be taken A person shall not take, whether as by-catch or otherwise, fish or aquatic life which is a protected species under the Territory Parks and Wildlife Conservation Act 1976.

10A Fishing and other restrictions in protection areas (1) A person commits an offence if the person engages in amateur fishing from an unregistered vessel in a protection area. (2) The holder of a specified licence commits an offence if a vessel registered for the licence is used for fishing under the licence in a protection area. (2A) Subregulation (2) does not apply to the holder of an Off-shore Net and Line Fishery licence in relation to a protection area if the Director gives the holder written approval to use a vessel for fishing under the licence in the protection area. (2B) An approval given to the holder of an Off-shore Net and Line Fishery licence under subregulation (2A) is conditional on the holder ensuring that any restrictions specified in the approval relating to the amount of any fish that may be taken in the protection area are complied with. (2C) A person in control of an unregistered vessel commits an offence if: (a) there is any fish or amateur fishing gear on board the vessel; and (b) the vessel is in a protection area and is not under way and making way. (2D) The holder of a specified licence commits an offence if: (a) there is any fish or fishing gear on board a vessel registered for the licence; and (b) the vessel is in a protection area and is not under way and making way.

Fisheries Regulations 1992 19 (2E) Subregulation (2D) does not apply to the holder of an Off-shore Net and Line Fishery licence in relation to a protection area if the holder has been given approval under subregulation (2A) in relation to that area. protection area means each of the following: (a) the area described as the Melville Island Protection Area in Schedule 1AB, Part 1; (b) the area described as the Charles Point Protection Area in Schedule 1AB, Part 2; (c) the area described as the Howland Shoal and Emu Reef Protection Area in Schedule 1AB, Part 3; (d) the area described as the Lorna Shoal Protection Area in Schedule 1AB, Part 4; (e) the area described as the Bathurst Island Protection Area in Schedule 1AB, Part 5. specified licence means: (a) a Coastal Line Fishery licence; or (b) a Coastal Net Fishery licence; or (c) an Off-shore Net and Line Fishery licence; or (d) a Fishing Tour Operator licence.

10B Fishing in Tiwi Islands restriction zones (1) A person commits an offence if the person: (a) engages in fishing in a Tiwi Islands restriction zone; and (b) does not do so in accordance with the written permission of the Tiwi Land Council. Tiwi Islands restriction zone means: (a) the area described as the Melville Island, Nodlaw Island and Karslake Island Restriction Zone in Schedule 1AC, Part 1; or

Fisheries Regulations 1992 20 (b) the area described as the Bathurst Island and Clift Island Restriction Zone in Schedule 1AC, Part 2. Tiwi Land Council means the Tiwi Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

11 Defence to taking of fish or aquatic life It is a defence to a charge of taking fish or aquatic life which the defendant is not permitted to take if the defendant proves that the fish or aquatic life was, immediately after being taken, returned, with as little injury to it as possible, to the water.

12 Release of fish or aquatic life A person may release live fish or aquatic life into a body of water which is not an aquarium only: (a) to return the fish or aquatic life to the water catchment from which it came; or (b) in accordance with a permit; or (c) in accordance with an Aquaculture licence or Pearl Oyster Culture Industry licence.

13 Movement of fish or aquatic life A person (other than the holder of an Aquaculture licence or Pearl Oyster Culture Industry licence who moves live fish or aquatic life in accordance with a licence) must not, without a permit under these Regulations, move live fish or aquatic life from a place within a water catchment area and place them into a body of water (other than an aquarium) within a different catchment area from which it is possible that water, live fish or aquatic life may escape into a natural waterway.

14 Impeding passage of fish or aquatic life A person who constructs a dam or any other structure which may impede the natural movement of fish or aquatic life downstream or upstream shall, where directed to do so by the Director, provide a device or a facility to permit the passage of fish or aquatic life through, over, under or around the dam or structure.

Division 2 Diseased and contaminated fish and noxious species Fisheries Regulations 1992 21 Division 2 Diseased and contaminated fish and noxious species 15 What is a noxious species For the definition noxious species in section 4(1) of the Act, each fish or aquatic life specified in Schedule 1 is a noxious species.

16 Prohibition against taking diseased or contaminated fish or noxious species (1) The Director may, by Gazette notice, declare areas in which the taking of fish or aquatic life of a particular species is prohibited because of: (a) the risk the species may pose, if consumed, to human health; or (b) the risk of the spread of contamination or disease to other fish or aquatic life in other areas. (2) The Director may, by Gazette notice, declare that: (a) the taking of any fish or aquatic life from an area specified in the notice; or (b) the movement of any fish or aquatic life from an area specified in the notice to another area; is prohibited because of the risk of the spread of a noxious species to other areas.

17 Prohibition against movement and sale A person must not: (a) move diseased or contaminated fish or aquatic life or a noxious species from one place, water catchment or storage unit to another place, water catchment or storage unit; or (b) sell diseased or contaminated fish or aquatic life.

18 Destruction of fish or aquatic life (1) The Director may destroy fish or aquatic life that the Director believes, on reasonable grounds, to be diseased or contaminated, if the Director considers it necessary in order to prevent the spread of disease or contamination.

Division 2 Diseased and contaminated fish and noxious species Fisheries Regulations 1992 22 (2) The Director may destroy fish or aquatic life if the Director believes, on reasonable grounds, that it is necessary to prevent the spread of a noxious species.

19 Disease and Pest Control Committee (1) The Director may establish a Disease and Pest Control Committee to advise the Director on such issues, related to the prevention or control of disease or noxious species or the prevention of the spread of disease or noxious species, as the Director thinks fit. (2) The Committee must consist of: (a) the Director, who must be the Chairperson; and (b) an employee in the department primarily responsible to the Minister for the administration of the Fisheries Act 1988 nominated by the Director; and (c) the Chief Inspector or a person nominated by him or her; and (d) 3 persons appointed by the Director for such period, not exceeding 3 years, as is specified in the instrument of appointment. (3) At least one person appointed under subregulation (2)(d) must have the experience and expertise to represent interests relating to fishing, fish and aquatic life on the Committee.

20 Procedure of Committee (1) The Chairperson must convene such meetings of the Committee as he or she thinks fit. (2) The Committee must determine the procedure to be adopted at or in connection with a meeting of the Committee. (3) At a meeting of the Committee, 4 members, one of whom must be: (a) the Chairperson; or (b) the Chief Inspector or his or her nominee; constitute a quorum.

21 Declaration of control areas The Director may, by Gazette notice, declare: (a) an area containing fish or aquatic life which have contracted a notifiable disease to be a quarantine area; or

Fisheries Regulations 1992 23 (b) an area containing fish or aquatic life considered by the Committee to be at risk of contracting a notifiable disease to be a protected area; or (c) an area containing a noxious species to be a restricted area.

22 Regulation of control area Where an area has been declared to be a quarantine area, a protected area or a restricted area under regulation 21, the Director may: (a) regulate or prohibit all transportation of fish or aquatic life into, within or out of the area; and (b) regulate or prohibit the movement into, within or out of the area by people, vehicles, vessels or aircraft; and (c) nominate particular species of fish or aquatic life to which the notice applies; and (d) where the area has been declared a quarantine area or a restricted area – prohibit the release of water from an aquaculture facility other than with the permission of the (e) order the treatment or destruction of diseased fish, aquatic life, feed, contaminated equipment, water or other things which, in the opinion of the Director, may transmit disease or a noxious species to areas outside the declared area.

23 Notification of disease The holder of a licence in respect of Part 10 shall, as soon as practicable after he or she observes symptoms of a notifiable disease in an aquaculture facility operated under the licence, advise the Director of the presence of the disease.

25 Permit required to trade in or release live exotic fish and aquatic life For section 11(1)(f) of the Act, the following things are able to be done only under a permit: (a) trade in live exotic fish or exotic aquatic life; (b) release an exotic fish or exotic aquatic life into a body of water other than an aquarium.

Fisheries Regulations 1992 24

26 Permit to import live fish or aquatic life (1) An application for a permit to import live fish or aquatic life must be accompanied by a statement of the proposed method of treatment and disposal of the water in which the fish or aquatic life is imported. (1A) The Director may require an applicant for a permit to import live fish or aquatic life to be supported by a certificate attesting to: (a) the disease status of the fish or aquatic life; and (b) any treatment given to the fish or aquatic life. (1B) The certificate must be issued by one of the following persons, who must have inspected the fish or aquatic life to which the certificate refers: (a) for fish or aquatic life other than plant life – a veterinarian, however described, registered under the Veterinarians Act 1994 or a similar Act of a State or another Territory; (b) for aquatic life that is plant life – an approved person. (2) The Director may only grant a permit to import live fish or aquatic life if: (a) the fish or aquatic life is of a species that: (i) is indigenous to Australia; or (ii) is, under section 303EB of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), taken to be suitable for live import; or (iii) is specified in Schedule 7; and (b) in the Director's opinion: (i) there is no risk of disease to people, fish or aquatic life by the importation; and (ii) there is no risk of variation of the genetic composition or genetic material of Territory fish or aquatic life by the importation; and (iii) the fish or aquatic life to be imported will not adversely affect the diversity of genetic material within the Territory; and

Fisheries Regulations 1992 25 (iv) the fish or aquatic life will not present an unacceptable risk of detriment to other fish or aquatic life in the Territory.

28 Permit to import live fish or aquatic life to state certain matters A permit to import live fish or aquatic life must state: (a) the species of fish or aquatic life that may be imported; and (b) if the Director has required a certificate under regulation 26(1A): (i) the disease status of the fish or aquatic life, as evidenced by the certificate; and (ii) the approved treatment, prior to import, of the fish or aquatic life; and (c) the permitted method of treatment and disposal of water used in the importation of the fish or aquatic life; and (d) if the Director thinks fit, details enabling the identification of the particular stock of fish or aquatic life and the facility from which export of fish or aquatic life is to occur; and (e) the permitted method of transport; and (f) the period during which the permit is valid. Note for regulation 28 Section 14(3) of the Act requires the permit to state any conditions imposed by the Director under section 14(1) of the Act.

Division 3A Priority species 28AA Fish of priority species For section 40B of the Act, Schedule 8 specifies the prescribed fish of a priority species and their prescribed commercial quantity.

28A Sighting of noxious species A person who sees a fish or aquatic life that the person knows or suspects to be a noxious species must, as soon as practicable: (a) report the sighting to the Director; and

Fisheries Regulations 1992 26 (b) provide any other information about the sighting required by the Director.

29 Possession of fishing gear while taking fish for sale A person taking fish for sale must not have possession of fishing gear other than: (a) fishing gear permitted by or under the Act for use by the person when taking fish for sale; or (b) an item ancillary to the use of that gear.

30 Gill net A person shall not have possession of or use a gill net unless the person does so under and in accordance with a licence, permit or authority granted or given by or under the Act.

31 Abandoned or unattended gear (1) A person must not abandon a net, fish-trap, fixed fish-trap, line or pot. (2) A person is taken not to have abandoned fishing gear that is left unattended if: (a) in the case of gear which may be used for the purposes of amateur fishing, it is left in a place where it is not capable or will not become capable of taking fish or aquatic life; or (b) in the case of gear which may be used only under a licence, it is secured at an approved location or, if it is net, in accordance with regulation 33. (3) Subregulation (1) does not apply to the holder of a Mud Crab Fishery licence who abandons a pot in water.

32 Float must be attached to fishing gear (1) Subregulation (2) applies to a person who is using any of the following fishing gear: (a) a drop line or demersal long-line, other than a line attached to a vessel; (b) a pot, other than a pot being used to fish for mud crabs;

Fisheries Regulations 1992 27 (c) a fish-trap; (d) an amateur drag net. See the Mud Crab Fishery Management Plan 2006 for requirements applicable to pots used to fish for mud crabs. (2) The person commits an offence if at any time while the fishing gear is in use: (a) a complying float is not attached to the gear; or (b) the float is not above water level. (3) Subregulation (4) applies to a person using a net, other than an amateur drag net, cast net or scoop net. (4) The person commits an offence if at any time while the net is in use: (a) a complying float is not attached to the middle of the headrope of the net; and (b) a complying float is not attached to each end of the headrope of the net. complying float, for an item of fishing gear, means a float that: (a) if the gear is not being used under a licence – is at least 80 mm in diameter and length; and (b) is marked legibly and indelibly with the following information, in a way that allows the information to be easily read when the gear is in use: (i) if the gear is being used under a licence – the licence number in Arabic numerals and no other numbers; (ii) otherwise – the first and last name of the person using the gear. Example for paragraph (b) The information may be marked by incising the float or by painting it with waterproof paint.

Fisheries Regulations 1992 28

33 Storage and disposal of net (1) A person licensed to use net may transport net to and from places where it may lawfully be used or kept and must, when the net is not being used under the licence, keep it: (a) on a registered vessel used for the purposes of the licence; or (b) securely stored, without anchors attached, at an approved camp site; or (c) secured at an approved location; or (d) secured at the licensee's permanent residence. (2) A person must, within 6 months after ceasing to hold a licence permitting possession of a bait net, a coastal net, a gill net, a restricted bait net or a pelagic net, satisfy the Director as to: (a) its disposal to a person licensed to have possession of such net; or (b) its destruction.

34 Amateur drag net A person permitted to use an amateur drag net must not: (a) haul the net except by hand; (b) stake or otherwise fix the net; (c) use the net otherwise than seaward of the coastline; or (d) use the net, while catch is being cleared, except in water.

35 Bait net A person licensed to use a bait net shall not use the net if: (a) the total length of bait net used by the person is longer than 300 m, excluding the length of any attached haul lines; or (b) the net is, while catch is being cleared, in less than 30 cm of water.

36 Cast net (1) A person permitted to use a cast net shall not use the net unless it is attended at all times when in use.

Fisheries Regulations 1992 29 (2) A person permitted to use a cast net shall not use the net otherwise than by casting, throwing or dropping it.

37 Coastal net (1) A person licensed to use a coastal net shall not use the net if the total length of net used by the person is longer than 300 m, excluding the length of any attached haul lines. (2) A person permitted to use a coastal net shall not use the net unless it is attended at all times when in use.

38 Drop line A person permitted to use a drop line shall not use it unless a weight is attached to the line and the line does not extend from a vessel under way and making way.

38A Fish-trap A person must not use a fish-trap that is attached in any way to another fish-trap to take fish. 39 Pots A person must not use a pot other than a complying freshwater pot or dilly pot to fish for freshwater crustaceans. Note for regulation 39 See the Mud Crab Fishery Management Plan 2006 for pots that can be used to fish for mud crabs.

40 Pelagic net (1) A person licensed to use a pelagic net shall not use the net unless: (a) it is set in such a way that no part of the net is on or within 2 m of the sea bed; and (b) not more than a total of 2 km of pelagic net is used at any one time. (2) A person licensed to use a pelagic net must not have on a vessel used under the licence more than a total of 2 km of pelagic net that is fitted with floats, lead ropes, lead lines, lead weights or anchors.

Fisheries Regulations 1992 30

41 Restricted bait net A person licensed to use a restricted bait net must not do any of the (a) use the net if the total length of the net is longer than 100 m, excluding the length of any attached haul lines; (b) haul the net other than by hand; (c) stake or otherwise fix the net at more than one end; (d) use the net other than seaward of the coastline from high water mark to an imaginary line, following the coastline, 3 nautical miles from the low water mark; (e) use the net, while catch is being cleared, in less than 30 cm of water; (f) use the net in the Mary River Fish Management Zone; (g) use bait taken with the net other than as bait for the purposes of the licence under which the net is used.

42 Scoop net A person permitted to use a scoop net shall not use the net other than by hand.

43 Spear-gun (1) A person using any kind of underwater breathing apparatus must not have possession of a spear-gun. (2) A person must not have possession of a loaded spear-gun: (a) other than in the open sea; or (b) where the person is within 150 m of another person who is not part of his or her group.

44 Trammel net A person shall not use or have possession of a trammel net unless authorised to do so by the Director.

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45 Vertical line A person permitted to use vertical line shall not use it from a vessel under way and making way. Notes for Part 5

1 In some places, amateur fishing may be prohibited or regulated by other laws in force in the Territory. For example: (a) amateur fishing is prohibited in the Doctors Gully Aquatic Life Reserve – see the Doctors Gully Aquatic Life Reserve Management Plan 1993; and (b) additional restrictions apply to amateur fishing in the East Point Aquatic Life Reserve – see the East Point Aquatic Life Reserve Management Plan 1993.

2 For additional restrictions that apply to amateur fishing for barramundi, Spanish mackerel and mud crabs, see the Barramundi Fishery Management Plan 1998, Spanish Mackerel Fishery Management Plan 2004 and Mud Crab Fishery Management Plan 2006.

46 Amateur fishing gear (1) A person engaged in amateur fishing must not use or have possession of fishing gear other than the following items or an item ancillary to the use of the gear: (a) vertical line, as hand line or rod and reel; (b) float line; (c) troll line; (d) complying freshwater pot; (e) complying marine pot; (f) dilly pot; (g) amateur drag net (h) cast net; (i) scoop net; (j) bow and arrow other than crossbow; (ja) spear-gun;

Fisheries Regulations 1992 32 (k) gaff (including hand-held hook); (l) hand spear; (m) knife. (2) A person must not engage in amateur fishing on a registered vessel, other than a vessel registered for the purposes of a Fishing Tour Operator licence or an Aboriginal Coastal licence. (3) A person engaged in amateur fishing must not take fish when using underwater breathing apparatus. 46AAA Limit on number of pots in use (1) A person must not use more than 5 pots when engaging in amateur fishing for freshwater crustaceans outside the Daly River Fish Management Zone. (2) A person must not use more than 3 pots when engaging in amateur fishing for freshwater crustaceans in the Daly River Fish Management Zone. Note for regulation 46AAA See the Mud Crab Fishery Management Plan 2006 for the number of pots that may be used by a person engaged in amateur fishing for mud crabs. 46AAB Limit on number of pots in possession (1) A person who is outside the Daly River Fish Management Zone commits an offence if at any time the person has possession of: (a) a total of more than 10 regulated pots; or (b) more than 5 complying freshwater pots; or (c) more than 5 complying marine pots.

Fisheries Regulations 1992 33 (2) A person who is in the Daly River Fish Management Zone commits an offence if at any time the person has possession of: (a) a total of more than 8 regulated pots; or (b) more than 3 complying freshwater pots; or (c) more than 5 complying marine pots. (3) Subregulations (1) and (2) do not apply to a person who is on a vessel if there are one or more other persons on the vessel. (4) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves: (a) any excess pots were at the defendant's place of permanent residence; or (b) the defendant was permitted to have possession of any excess pots under a licence. 46AAC Vessel limit for pots (1) This regulation applies to a vessel, other than a registered vessel, on which there are 2 or more people. (2) Each person on the vessel commits an offence if: (a) the vessel is outside the Daly River Fish Management Zone; and (b) any of the following apply: (i) there are a total of more than 20 regulated pots on the (ii) there are more than 10 complying freshwater pots on the (iii) there are more than 10 complying marine pots on the (3) Each person on the vessel commits an offence if:

Fisheries Regulations 1992 34 (b) any of the following apply: (i) there are a total of more than 16 regulated pots on the (ii) there are more than 6 complying freshwater pots on the (iii) there are more than 10 complying marine pots on the Division 2 Possession, size and certain vessel limits for 46AA Definitions baitfish (Division 2) means any of the following: (a) fish of the family Mugilidae (commonly known as mullet); (b) fish of the family Hemiramphidae (commonly known as garfish); (c) fish of the family Sillaginidae (commonly known as whiting). crab does not include mud crab. pilchard means fish of the family Clupeidae or family Engraulidae (commonly known as pilchards, herring and sardines). red snapper (Division 2) means fish of the species Lutjanus malabaricus, Lutjanus erythropterus or Lutjanus bitaeniatus (commonly known as red snapper). saltwater prawn means a crustacean of the family Penaeidae (commonly known as a saltwater prawn). shark (Division 2) means fish of the Class Chondricthyes but does not include ray, skate or chimaera.

Fisheries Regulations 1992 35 46AB Amateur possession limits – specified fish (1) A person must not have possession of more than the permitted number of specified fish. or permitted number, of specified fish, means the number specified in the table below opposite the specified fish. specified fish means fish specified in the table below. Specified fish Permitted number baitfish (Division 2) 50 billfish 1 black jewfish 2 bream 15 cephalopods 30 cod 5 crabs 30 golden snapper 3 king threadfin 3 mangrove jack 3 pilchards 100 red snapper (Division 2) 10 sharks (Division 2) 3 Note for regulation 46AB Certain species of shark must not be taken – see regulation 9(1)(b) and (c).

Fisheries Regulations 1992 36 46AC Amateur possession limit – regulated molluscs and saltwater prawns A person must not have possession of more than 10 L (the permitted amount) of regulated molluscs or saltwater prawns. (a) for less than 3 times the permitted amount – 8 penalty units; or (b) for 3 times the permitted amount or more – 85 penalty units. Notes for regulation 46AC 1 Giant clams must not be taken – see regulation 9(1)(d). 2 Regulated molluscs must be kept in their shells except in specified circumstances – see regulation 46BA. 46AD Amateur possession limit – maximum size for king threadfin in Fish Management Zone (1) A person must not have possession in a Fish Management Zone of a king threadfin that has a fork length greater than 90 cm. (2) It is a defence to a charge of an offence against subregulation (1) if the defendant proves that: (a) the king threadfin was taken by a person fishing from a vessel in a Fish Management Zone; and (b) an offence against regulation 46BAD was not committed in respect of the king threadfin. (3) Subregulation (2) does not limit regulation 46AF. (4) In this regulation: vessel, see regulation 46BAA. 46AE Amateur possession limit – minimum size for mangrove jack (1) A person must not have possession of a mangrove jack that has a total length of less than 35 cm.

Fisheries Regulations 1992 37 total length, of a mangrove jack, means the length of the mangrove jack measured from the tip of the snout to the tip of the longest part or segment of the tail fin while the fish is lying flat on a measuring tape or measuring device. Subdivision 4 General defence for Subdivisions 2 and 3 46AF General defence for Subdivisions 2 and 3 It is a defence to a charge of an offence against Subdivision 2 or 3 if the defendant proves that the fish that are the subject of the charge were: (a) taken under a licence or permit; or (b) at the defendant's place of permanent residence. Subdivision 5 Other possession and certain vessel limits for 46AG Amateur possession limit – freshwater prawns and freshwater crustaceans (1) A person must not have possession, in the Daly River Fish Management Zone, of more than: (a) 10 freshwater prawns; or (b) 30 freshwater crustaceans. (a) for possession of 11 to 29 freshwater prawns or 31 to 89 freshwater crustaceans – 8 penalty units; or (b) for possession of more than 29 freshwater prawns or 89 freshwater crustaceans – 85 penalty units. (2) A person must not have possession, in any other place, of more than 30 freshwater crustaceans. (a) for possession of 31 to 89 freshwater crustaceans – 8 penalty units; or (b) for possession of more than 89 freshwater crustaceans – 85 penalty units.

Fisheries Regulations 1992 38 (2A) Subregulations (1) and (2) do not apply to a person who is on a vessel if there are one or more other persons on the vessel. (3) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves that the freshwater prawns or freshwater crustaceans: (a) were taken under a licence or permit; or (b) were at the defendant's place of permanent residence. (4) Subregulations (4A) and (4B) apply to a vessel, other than a registered vessel, on which there are 2 or more people. (4A) Each person on the vessel commits an offence if: (b) more than the following number (the permitted number) of freshwater prawns are on the vessel: (i) if there are only 2 people on the vessel – 20 freshwater prawns; (ii) if there are 3 or more people on the vessel – 30 freshwater prawns. or (4B) Each person on the vessel commits an offence if: (b) more than the following number (the permitted number) of freshwater crustaceans are on the vessel: (i) if there are only 2 people on the vessel – 60 freshwater crustaceans; (ii) if there are 3 or more people on the vessel – 90 freshwater crustaceans. or

Fisheries Regulations 1992 39 (5) Unless permitted to do so under a licence, a person must not take, or have possession of, a female freshwater crustacean bearing eggs or live young.

46A Amateur possession limit – tropical rock lobster (1) Subject to subregulation (3), a person must not have possession of more than 5 rock lobsters (the permitted number) other than at the person's permanent residence. or (2) In determining the number of rock lobsters in a person's possession for subregulation (1), a rock lobster lawfully acquired from a licensee and for which the person has a receipt or other proof of acquisition must be disregarded. (3) A person who has possession of more than 5 rock lobsters does not commit an offence against subregulation (1) if the person: (a) establishes he or she is a member of a fishing party; and (b) no member of the party would be in contravention of subregulation (1) if the rock lobsters were apportioned as equally as possible among the members of the party who are present or able to be assembled in a short period of time. (4) If: (a) the members of a fishing party have possession of more than 5 rock lobsters; and (b) each person who is a member of the party would have possession of more than 5 rock lobsters in contravention of subregulation (1) if the rock lobsters in their possession were apportioned as equally as possible among the members of the party; and (c) it is not readily ascertainable which person has possession of the rock lobsters,

Fisheries Regulations 1992 40 each of the persons is, for subregulation (1), taken to have possession of all the rock lobsters. (5) If: (a) there are more than 3 persons in or on a vessel; and (b) there are more than 15 rock lobsters in or on the vessel, each of the persons is, for subregulation (1), taken to have possession of all the rock lobsters. (6) In determining the number of rock lobsters in or on a vessel for subregulation (5)(b), a rock lobster lawfully acquired from a licensee and for which a person on the vessel has a receipt or other proof of acquisition must be disregarded. licensee means the holder of a Fishery licence permitted to take rock lobsters, Fish Trader/Processor licence, Fish Retailer licence or Aquaculture licence. rock lobster means a crustacean of the species Panulirus (commonly known as a tropical rock lobster).

46B Amateur possession limits – general (1) In this regulation: fish does not include the following: (a) crustaceans; (b) echinoderms; (c) molluscs; (d) baitfish; (e) bream; (f) other fish prescribed for this paragraph. trunked fish means a fish from which the head or tail or both are removed and includes such a fish from which all or part of the internal organs are removed. (2) The Minister may, by Gazette notice, prescribe a fish for paragraph (f) of the definition fish in subregulation (1).

Fisheries Regulations 1992 41 (2A) A person must not have possession of more than 5 fish (the permitted number) of any single species. or (2B) Subregulation (2A) does not apply to fish if the possession of a specified number of those fish is limited, in relation to amateur fishing, by another provision of these regulations (other than subregulation (3)) or otherwise under the Act. (3) Without limiting subregulation (2A), a person must not have possession of more than 15 fish (the permitted number). or Note for subregulations (2A), (2B) and (3) This Division, the Barramundi Fishery Management Plan 1998 and Spanish Mackerel Fishery Management Plan 2004 contain separate limits for particular species of fish. (4) For subregulations (2A) and (3), a piece of fish, other than a fillet, is to be counted as one fish, unless the defendant establishes that 2 or more pieces of a fish were obtained from one fish only. (5) For subregulations (2A) and (3), 2 fillets together comprise only one (6) A person must not have possession of a trunked fish or a fillet unless the skin is retained on it. (7) It is a defence to a charge of an offence against subregulation (6) if the defendant proves that the fish was processed for immediate consumption by the defendant or another person in the company of the defendant.

Fisheries Regulations 1992 42 (8) It is a defence to a charge of an offence against subregulation (2A), (3) or (6) if the defendant proves that: (a) the fish were taken under a licence or permit entitling the person to take the fish; or (b) the fish were at his or her place of permanent residence; or (c) the fish were obtained from licensee, or the holder of a permit, permitted to sell the fish; or (d) the fish were purchased from a retail or wholesale outlet; or (e) the fish were processed fish imported into the Territory packaged for sale to a final consumer and marked with the State or Territory from which the fish were imported or, where the fish were imported from a country other than Australia, the country from which they were imported. (9) Where a person is not alone and it is not readily ascertainable who has possession of the fish, subregulations (2A) and (3) apply to each person as though each person has possession of all the fish. (10) Notwithstanding subregulation (9), where a person establishes that: (a) he or she is a member of a fishing party; and (b) the fish will be shared equally amongst the members of the fishing party; and (c) if the sharing was to take place amongst those persons in the party who are present, no person in the party would be guilty by reason of this subregulation or otherwise of contravening this regulation; then each person is deemed to have possession of his or her equal share only of the fish. 46BAA Definitions coral trout means fish of the genus Plectropomus (commonly known as coral trout). red emperor means fish of the species Lutjanus sebae (commonly known as red emperor).

Fisheries Regulations 1992 43 Russell's snapper means fish of the species Lutjanus russelli (commonly known as Russell's snapper). stripey snapper means fish of the species Lutjanus carponotatus (commonly known as stripey snapper). tricky snapper means fish of the species Lethrinus laticaudis (commonly known as tricky snapper). tuskfish means fish of the genus Choerodon (commonly known as tuskfish). vessel means: (a) subject to paragraph (b), a vessel other than a registered vessel; or (b) a vessel registered for a Fishing Tour Operator licence. 46BAB Relationship with Division 2 This Division has effect despite Division 2. 46BAC Vessel possession limits – specified fish (1) This regulation applies to a vessel on which there are 5 or more people. (2) Each person on the vessel commits an offence if more than the permitted number of specified fish are on the vessel. or permitted number, of specified fish on a vessel, means: (a) if there are 5, 6 or 7 people on the vessel – the number specified in the second column of the table below opposite the specified fish; or (b) if there are 8 or more people on the vessel – the number specified in the third column of the table below opposite the specified fish.

Fisheries Regulations 1992 44 specified fish means fish specified in the first column of the table below. Specified fish Permitted number for vessel with 5 to 7 people Permitted number for vessel with 8 or more people black jewfish 8 16 cod 20 40 coral trout 20 40 golden snapper 12 24 mangrove jack 12 24 red emperor 20 40 Russell's snapper 20 40 stripey snapper 20 40 tricky snapper 20 40 tuskfish 20 40 46BAD Vessel possession limit – king threadfin in Fish Management Zone Each person on a vessel in a Fish Management Zone commits an offence if there is more than one king threadfin on the vessel that has a fork length greater than 90 cm. 46BA Molluscs generally to be retained in shell in the field (1) A person must not have possession of a regulated mollusc that is not within its shell. the defendant proves the regulated mollusc was: (a) taken under a licence; or (b) being prepared for immediate consumption; or (c) at the defendant's place of permanent residence.

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46C Certain fillets to be kept separate (1) A person commits an offence if: (a) the person has possession of a container or bag that contains any frozen fillets from different species of fish; and (b) the fillets from each species of fish are not separated by packaging from the fillets from each other species. the defendant proves the fish were: (a) at the defendant's place of permanent residence; or (b) taken under a licence or permit; or (c) obtained from a licensee, or the holder of a permit, permitted to sell the fish; or (d) purchased from a retail or wholesale outlet.

46D Amateur possession limits – swim bladders (1) A person must not, at any place other than the person's permanent residence, have possession of a swim bladder that is detached from a fish. (2) A person must not, at the person's permanent residence, have possession of more than 2 swim bladders that are detached from the defendant proves that the swim bladder was for immediate consumption by the defendant or a person in the company of the defendant. (4) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves that: (a) the possession was temporary while the defendant was processing the fish; or (b) the swim bladder was taken under a licence or permit entitling the person to its possession; or

Fisheries Regulations 1992 46 (c) the swim bladder was obtained from a licensee, or the holder of a permit, permitted to sell the swim bladder; or (d) the swim bladder was purchased from a retail or wholesale outlet; or (e) the swim bladder was imported into the Territory, packaged for sale to a final consumer and marked with the State, Territory or country from which the swim bladder was imported. (5) This regulation applies despite any other provision in a regulation or fishery management plan.

48 Time for application for renewal A licensee may apply for renewal of his or her licence not earlier than 6 weeks before the expiration of the licence.

49 Replacement licence or certificate Where a licence or certificate of vessel registration is lost or destroyed the licensee may apply to the Director on the approved form, accompanied by: (a) a signed statutory declaration declaring that the licence or certificate of vessel registration for which a replacement is sought has been lost or destroyed; and (b) the fee prescribed under regulation 206; for the issue of a replacement licence or another certificate of registration under the Act.

52 Taking fish for sale prohibited in Kakadu National Park A person shall not take, for sale, fish in the area known as Kakadu National Park, being the area declared by an instrument dated 5 April 1979 and published on the same day in Commonwealth Gazette No. S61 at page 397, as amended by an instrument dated 19 December 1985 and published in Commonwealth Gazette No. S52 on 20 December 1985 at page 1.

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53 Nomination of mother boat (1) A licensee must ensure that one vessel to be used by the licensee under a licence is, when registration of that vessel is sought under section 18 of the Act, nominated as the mother boat in respect of (2) A vessel cannot be nominated as the mother boat for an ONLF licence, Demersal Fishery licence or Timor Reef Fishery licence unless it is fitted with a vessel monitoring system approved in writing by the Joint Authority.

54 Marking of vessel (1) A licensee shall cause a vessel registered in respect of his or her licence, other than a vessel referred to in subregulation (2), to be marked in the following manner: (a) the registration number shall be painted, on a yellow background in black arabic numerals of the size and height listed in the Table to this regulation, on both sides of the bow of the vessel as high as practicable above the waterline, and, where a vessel has a wheelhouse or foredeck, on top of the wheelhouse or foredeck, so as to enable the unobscured view of the number from the sea and the air; and (b) if the vessel has a superstructure or deck, the registration number shall be painted on a yellow background in lettering of a size enabling recognition, without the aid of optical equipment, on a horizontal plane from a distance of 250 m. (2) Where a vessel has an international radio call-sign, the licensee shall cause the call sign number to be painted on the vessel in black on a white background, or white on a black background, in numbers of the size and height listed in the Table to this regulation.

Fisheries Regulations 1992 48 (3) A person shall not make or retain on a vessel a marking which impedes the accurate recognition of the correct registration number or call sign number. TABLE SIZE OF REGISTRATION MARKS Column 1 Column 2 Length of vessel Specification of marks Vertical height Width Stoke width Distance between figures Not less than 20 m 0.8 0.4 0.13 0.12 More than 15 m but less than 20 m 0.6 0.3 0.1 0.15 More than 12 m but less than 15 m 0.4 0.2 0.06 0.1 More than 5 m but less than 12 m 0.3 0.15 0.05 0.05 Less than 5 m 0.1 0.05 0.01 0.02

55 Marks to be removed from vessel which ceases to be registered (1) A person who ceases to hold a licence: (a) shall, within 6 months after the day he or she ceased to hold the licence, remove from all vessels used for the purposes of the licence the marks indicating the registration number; and (b) shall not use the vessel in water while the vessel is marked with a registration number. (2) A person shall not sell, lease or otherwise dispose of an unregistered vessel which is marked with a registration number, other than to a licensee. (3) A person other than a licensee shall not purchase or lease an unregistered vessel marked with a registration number or use such a vessel in water whilst it is so marked.

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56 Vessels used for commercial fishing and fishing tour operations (1) Where it is intended that a vessel be used alternatively for the purposes of a commercial fishing licence and a Fishing Tour Operator licence, the licensee shall, on his or her application for each licence, note the predominant use to be made of the vessel. (2) Where a vessel referred to in subregulation (1) is to be used for a purpose other than the predominant use of the vessel the licensee shall, before engaging in the use of the vessel for that purpose: (a) advise the Director in writing of that purpose and of the period during which the vessel will be used for that purpose, and make a note contemporaneously of that information in the licensee's record book; and (b) unload all fish from the vessel. (3) Where a vessel referred to in subregulation (1) has ceased, including temporarily ceased, to be used for a purpose other than the predominant use of the vessel, the licensee shall: (a) advise the Director in writing that the licensee has ceased to use the vessel for a purpose other than its predominant use and shall make a note contemporaneously of that information in the licensee's record book; and (b) unload all fish from the vessel.

57 Registration fees where more than one licence Where a vessel is to be used for the purposes of more than one licence, a registration fee shall be payable only in respect of one

58 Sale and processing of fish For section 10(1)(f) of the Act, the following things are able to be done only under a licence: (a) the purchase of fish or aquatic life for processing and resale; (b) the possession for sale of processed fish or aquatic life.

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59 No processing for sale etc. without licence (1) The holder of: (a) a commercial fishing licence; or (b) an Aquaculture licence; or (ba) a Pearl Oyster Culture Industry licence; or (c) a Fish Trader/Processor licence; or (d) a Fish Retailer licence; or (e) an Aboriginal Coastal licence; may process fish or aquatic life for sale, sell fish or aquatic life so processed and sell fish or aquatic life under and in accordance with the Act and these Regulations. (3) A person must not sell fish or aquatic life obtained from a Bait Net Fishery licensee unless it is labelled with the expression "not for human consumption". (4) An assistant must not transport fish for sale or sell fish except where the licensee which he or she assists has advised the Director in writing that the assistant is permitted to do so.

60 Processing surfaces etc. (1) Surfaces used for the processing of fish or aquatic life, walls abutting a work surface and adjacent floor, deck and wall surfaces must be: (a) constructed of smooth light-coloured material that is easily cleaned and free from cracks; and (b) resistant to wear and corrosion and impervious to water. (2) Areas where fish or aquatic life are processed, packed, stored or frozen for sale must be kept in a clean and hygienic condition free from contamination. (3) It is a condition of the registration of a vessel to be used for the purposes of a commercial fishing licence that the licensee must maintain the vessel in accordance with this regulation.

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61 Packaging of fish (1) A person shall not pack fish or aquatic life processed under a licence or a permit other than in a plastic wrapping permitted for use with food under the Food Standards Code and of sufficient thickness or quality to be reasonably proof against accidental tearing. (2) A person processing fish under a licence or a permit shall not freeze fillets of fish otherwise than in a regularly shaped block of which the least dimension does not exceed 80 mm.

62 Labelling of fish (1) The holder of a licence must ensure that a label or tag is placed on a fish processed for sale under the licence, or, where processed fish or aquatic life is packaged for sale under the licence, placed on or inside that package, containing particulars, clearly printed in letters of uniform size, including: (a) the number of the person's licence; and (b) the accepted common name of the contents; and (c) in the case of fish, other than fish processed to become a trunk, a description of the type of fish and the method used to process and preserve it. (2) Where a fish has been processed for sale to become a trunk and the trunk is not in a package, a tag must be attached to that trunk displaying the number of the licence under which the fish was processed and a description by the accepted common name of the type of the fish. (3) Subregulations (1) and (2) do not apply to the sale of fish or aquatic life as a prepared meal. (4) A Bait Net Fishery licensee must label all fish or aquatic life in his or her possession, other than fish or aquatic life to be used by the licensee as bait for the purposes of amateur fishing by the licensee, with the words "not for human consumption". (5) A licensee must not affix a label or tape over another label or tape.

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63 Incorrect description Where fish or aquatic life is in a package or fish is labelled or tagged and: (a) the package, label or tag attached to it bears a statement, word, brand, mark, design or device regarding the contents that is false or misleading in a material particular; or (b) the package, label or tag is marked so as to mislead or deceive, or is likely to mislead or deceive, a purchaser; or (c) the package or fish labelled or tagged is sold under a name that conveys or is likely to convey a false indication of the type or species of the contents, or to lead a purchaser to suppose that it is fish other than that which it is; or (d) the package, label or tag is not marked in accordance with this Part; the holder of the licence under which the label or tag was affixed is guilty of an offence.

64 Freezing (1) The licensee shall ensure that a freezer in a registered vessel or at a camp site used for freezing and storing fish shall, when being used for those purposes, be maintained at -18°C or below. (2) A compartment of a freezer referred to in subregulation (1) shall be fitted with a thermometer mounted externally to indicate the internal temperature of the freezing compartment. (3) A thermometer referred to in subregulation (2) shall be capable of accurate measurement and shall be clearly marked with 1.0°C graduations. (4) It is a condition of the registration of a vessel to be used for the purposes of a licence that the licensee shall maintain the vessel in accordance with this regulation.

65 Transport of frozen fish A licensee shall not transport frozen fish other than in hygienic, insulated compartments or containers and shall ensure that they remain at -18°C or below while being transported.

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66 Fish processing in Frances Bay Mooring Basin A person who processes fish within the area known as the Frances Bay Mooring Basin in Darwin shall not take or release water from or into that body of water for a purpose related to the processing of fish or aquatic life.

67 Definition In this Part, licensee means the holder of a commercial fishing

68 Criteria for grant or renewal of licence (1) An applicant for the grant or renewal of a commercial fishing licence must have attained the age of 18 years. (2) The matters to which the Director may have regard in considering an application for the grant or renewal of a commercial fishing licence include: (a) whether the applicant is able to demonstrate sufficient experience and skills to safely and effectively maintain commercial operations in the fishery for which the licence is sought; and (b) any relevant criminal history of the applicant; and (c) if the applicant has previously held a licence under this Act – whether the applicant has supplied all accounts, records, within the time prescribed or specified by the Director. (3) The matters referred to in subregulation (2) are in addition to the criteria set out in the Division of Part 8 in respect of which the licence is sought.

69 Assistants (1) A licensee shall, before engaging in fishing under a licence, supply to the Director a written list of the names and dates of birth of persons who are, at the time of application, likely to be assistants of the licensee in the conduct of fishing operations during that year.

Fisheries Regulations 1992 54 (2) Where a person commences or ceases to be an assistant of the licensee after the provision of the list required under subregulation (1), the licensee shall immediately note that fact in the licencee's record book and within 7 days after the day the person commenced or ceased to be an assistant of the licensee, supply to the Director in writing the name and date of birth of the person and a statement as to whether the person commenced or ceased to be an assistant to the licensee.

70 Use of licensee's fishing gear by assistant An assistant shall not use fishing gear other than that permitted by the licence and shall not use that gear other than in accordance with the instructions of the licensee and under and in accordance with the Act.

71 Sale of fish (1) A licensee, other than an Aquarium Fishing/Display Fishery licensee, may sell fish to the following: (a) a commercial fishing licensee, other than an Aquarium Fishing/Display Fishery licensee; (b) a Fish Broker licensee; (c) a Fish Retailer licensee; (d) a Fish Trader/Processor licensee; (e) a person holding a licence under Part 10; (f) an interstate or overseas purchaser; (g) a member of the public not purchasing fish for resale. (2) An Aquarium Fishing/Display Fishery licensee may sell fish to the (a) an Aquaculture licensee; (aa) an Ornamental Aquaculture licensee; (b) an Aquarium Trader licensee; (c) a Public Aquarium licensee; (d) an interstate or overseas purchaser;

Fisheries Regulations 1992 55 (e) a member of the public not purchasing fish for resale. (3) A person who holds a permit granted under the Commonwealth Act or a licence granted under a law of a State or another Territory permitting the taking and sale of fish may sell in the Territory fish taken in accordance with the permit or licence.

72 No fishing for sale in vicinity of artificial reefs A licensee must not take fish under his or her licence or permit fishing under his or her licence or from a vessel used for the purposes of a licence, within a radius of: (a) 2 nautical miles from the Marchart 3, which is located at latitude 12 o10.6'S longitude 130 o40.6'E; or (b) one nautical mile from the East Point Darwin Sub-Aqua Club Barge, which is located at latitude 12 o24.8'S longitude 130 o48.1'E; or (c) half a nautical mile from the T & W reef, which is located at latitude 12 o18.9'S longitude 130 o53.2'E; or (d) one nautical mile from Song Saigon Complex, which is located at latitude 12 o28.6'S longitude 130 o47.9'E; or (e) half a nautical mile from Truck Tipper Reef, which is located at latitude 12°18.02'S longitude 130°50.39'E; or (f) half a nautical mile from Rick Mills Reef, which is located at latitude 12°18.45'S longitude 130°48.87'E; or (g) half a nautical mile from Crab Claw Island Jetty Reef, which is located at latitude 12°41.83'S longitude 130°37.32'E.

72A Prohibition or limit on taking tuna etc. as by-catch (1) During a voyage a licensee must not take, as by-catch, any of the tuna or tuna like species specified at item 1 in Schedule 5. (2) During a voyage a licensee may take, as by-catch: (a) no more than 2 in total of the tuna or tuna like species specified at item 2 in Schedule 5; and (b) no more than 10 in total of the tuna or tuna like species specified at item 3 in Schedule 5.

Fisheries Regulations 1992 56

73 Definitions CLF licence means a Coastal Line Fishery licence. CLF species means black jewfish or golden snapper. CLF Western Zone means that part of the fishery area specified in regulation 77 that is in the Western Zone. fishery unit, see regulation 78B. quota unit, see regulation 78E. Act in relation to the Coastal Line Fishery. total allowable catch, see regulation 78D. Western Zone means the waters: (a) from the high water mark at the border between the Territory and Western Australia to Vashon Head on Cobourg Peninsula at the point of latitude 11° 07.516' south, longitude 131° 59.650' east; and (b) extending seaward to the outer boundary of the Australian fishing zone.

74 Declaration of Coastal Line Fishery Spanish mackerel or mud crab) by the use of vertical line, drop line, cast net, scoop net and gaff, or fish-trap in the fishery area specified in regulation 77 is hereby declared to be the Coastal Line

77 Area of fishery The Coastal Line Fishery area is the area extending seaward from the high water mark to an imaginary line following the coastline 15 nautical miles from the low water mark.

Fisheries Regulations 1992 57

77A CLF licence The holder of a CLF licence may participate in the Coastal Line Fishery in accordance with this Division.

78 Fishing gear (1) A Coastal Line Fishery licensee must not, in the area extending seaward from the high water mark to an imaginary line following the coastline 2 nautical miles from the low water mark, use under the licence fishing gear other than: (a) a vertical line; and (b) a cast net; and (c) a scoop net and gaff. (2) Subject to subregulation (2A), a Coastal Line Fishery licensee must not, in the area extending seaward from an imaginary line following the coastline 2 nautical miles seaward from the low water mark to an imaginary line following the coastline 15 nautical miles from the low water mark, use under the licence fishing gear other than: (a) a vertical line; and (b) a drop line; and (c) a fish-trap; and (d) a scoop net and gaff; and (e) a cast net. (2A) A Coastal Line Fishery licensee must not use a fish-trap under the licence in the CLF Western Zone. (3) A Coastal Line Fishery licensee must not, under the licence, use a cast net to take fish or aquatic life unless the fish or aquatic life are to be used under the licence as bait.

Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone Fisheries Regulations 1992 58 (4) A Coastal Line Fishery licensee must not use more than 5 fish-traps under the licence. 78A Certain fish not to be taken A Coastal Line Fishery licensee must not take barramundi, king Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone 78B Fishery units generally (1) A fishery unit is a unit that entitles the holder of the CLF licence to allowable catch for the CLF species to which the unit relates. The share is calculated under regulation 78F. (4) A fishery unit attached to a CLF licence that is cancelled is taken to (5) A fishery unit attached to a CLF licence that expires and is not renewed within the period permitted under section 12(2) of the Act is taken to be transferred to the Territory on the day after the period

78C Total number of fishery units In the CLF Western Zone there are a total of: (a) 145 000 fishery units for black jewfish; and (b) 4 500 fishery units for golden snapper.

Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone Fisheries Regulations 1992 59

78D Total allowable catch of black jewfish and golden snapper in CLF Western Zone The total amount of each CLF species that may be taken in a licence year in the CLF Western Zone under all CLF licences (the total allowable catch) is: (a) 145 000 kg of black jewfish; and (b) 4 500 kg of golden snapper.

78E Quota units generally holder of the CLF licence to which the unit is attached to take 1 kg of the CLF species to which the quota unit relates from the CLF Western Zone in accordance with this Division. (2) A quota unit is used when the holder of the CLF licence to which take 1 kg of the CLF species to which the quota unit relates from the CLF Western Zone. (5) The Director must, if satisfied the holder of a CLF licence has used one or more quota units attached to the licence, cancel the number of quota units attached to the licence that equals the number of units used. (b) the CLF licence to which it is attached is cancelled.

78F Annual allocation of quota units (1) On 1 July in each licence year, the Director must allocate the CLF licence to which fishery units are attached. (2) If a CLF licence to which fishery units are attached is renewed after Director must allocate the number of quota units mentioned in subregulation (3) to the licence.

Fisheries Regulations 1992 60 (3) The number of quota units to be allocated for each CLF species is A is the number of quota units for the relevant CLF species to be allocated to the CLF licence. L is the number of fishery units for the relevant CLF species attached to the CLF licence on the date of the allocation before any T is the total number of fishery units for the relevant CLF species as mentioned in regulation 78C. TAC is the total allowable catch for the relevant CLF species. (5) If, under subregulation (1) or (2), the Director is required to allocate quota units to a CLF licence in relation to which any fees are due then, despite the subregulation: (a) the Director must not allocate quota units to the licence until the fees are paid; and made on the date required under subregulation (2) or (3).

78G Notice of intention to fish in CLF Western Zone (1) This regulation applies to the holder of a CLF licence who intends to take fish in the CLF Western Zone under the licence during a

Fisheries Regulations 1992 61 (a) the holder's intention to take fish in the CLF Western Zone under the licence during the voyage; (d) the type of fishing gear the holder intends to use in the CLF Western Zone during the voyage; (e) the time the vessel is estimated to land at the end of the (f) the place the vessel will land; (g) any other information about the voyage required by the

78H Quota units to be held at start of voyage to CLF Western Zone The holder of a CLF licence commits an offence if: (a) the holder takes fish in the CLF Western Zone under the licence during a voyage; and it: (i) quota units for black jewfish; and (ii) quota units for golden snapper.

78J No fish on vessel at start of voyage to CLF Western Zone (1) The holder of a CLF licence must ensure none of the following is on board a vessel when a voyage is started if the holder intends to take fish in the CLF Western Zone under the licence from the vessel during the voyage: (a) fish intended for sale;

Fisheries Regulations 1992 62 (b) more than 100 kg of fish not intended for sale (excluding bait). (2) Subregulation (1) does not apply if the Director gives the holder written approval to have fish on board the vessel as mentioned in that subregulation.

78K Fishing in CLF Western Zone limited to entitlement under quota units The holder of a CLF licence must not, while fishing in the CLF Western Zone under the licence, take an amount of a CLF species that exceeds the amount the holder is entitled to take under the quota units attached to the licence.

78L Restrictions apply during voyage to CLF Western Zone (1) The holder of a CLF licence must not, during one voyage, take any fish in the CLF Western Zone under the licence and take any fish under the licence outside the CLF Western Zone. (2) The holder of a CLF licence must not, during one voyage, take any CLF species in the CLF Western Zone under the licence and take any fish, in or outside the CLF Western Zone, under any other (3) Subregulation (1) or (2) does not apply if the Director gives the holder written approval to take the action mentioned in the relevant subregulation.

78M Fish not to be moved between vessels (1) The holder of a CLF licence must ensure a fish taken in the CLF Western Zone under the licence is not moved from the vessel from which it was taken to another vessel. (2) Subregulation (1) does not apply if the Director gives the holder written approval to move the fish to another vessel.

Fisheries Regulations 1992 63

78N Unloading fish The holder of a CLF licence must ensure that a fish taken in the CLF Western Zone under the licence is unloaded from the vessel from which it was taken (or from the vessel to which the fish was moved if regulation 78M(2) applies): (b) if the Director has given the holder written approval for the fish to be unloaded in another place – in the other place.

78P Weighing fish (1) The holder of a CLF licence must ensure that, as soon as practicable after fish taken in the CLF Western Zone under the licence are unloaded, the fish are weighed using scales that: CLF licence must produce to the Fisheries Officer the certificate of

Fisheries Regulations 1992 64

78Q Compulsory monitoring on notice (1) The Director may at any time, by written notice, require the holder of a CLF licence to do one of the following in relation to the next voyage undertaken by the holder during which the holder intends to take fish in the CLF Western Zone under the licence: (a) ensure fishing monitoring equipment, as specified in the notice, is fitted to the vessel used for the voyage and is operating at all times during the voyage;

78R Application for transfer and approval by Director (1) The holder of a CLF licence may apply to the Director for approval to transfer one or more fishery units or quota units attached to the licence to another holder of a CLF licence. (3) The Director must approve or refuse to approve the application and give the applicant written notice of the decision. suspended CLF licence.

78S Effective date of transfer If the Director approves an application for the transfer of fishery units or quota units, the transfer takes effect on the later of:

Fisheries Regulations 1992 65

78T Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of a CLF licence

78U Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to a CLF licence is made by the Director entering in the register the number of fishery units or quota units that are allocated to the licence. (2) Within 7 days after making an allocation to a CLF licence, the Director must give the holder of the licence written notice of the

78V Transfer of fishery units or quota units units or quota units has been approved, the Director must enter in the register the details of the transfer, including the date on which the transfer takes effect. takes effect or, in the case of fishery units, is taken to have occurred under regulation 78B, the Director must amend the register to record that the number of units transferred: (a) are no longer attached to the CLF licence from which they (b) are attached to the transferee's CLF licence or, if transferred

78W Cancellation of quota units (1) The Director cancels a quota unit by recording the cancellation in the register. (2) Within 7 days after cancelling a quota unit attached to a CLF licence, the Director must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 78E(6), the Director must record the cancellation in the register as soon as practicable after the cancellation.

Fisheries Regulations 1992 66

79 Declaration of Coastal Net Fishery Spanish mackerel or mud crab) by coastal net, is hereby declared to be the Coastal Net Fishery.

80 Licence regions The Director may grant a Coastal Net Fishery licence in respect of one of the following regions: (a) the Darwin Region, extending from Cape Hotham to Native Point and from Cape Ford to Dooley Point; (c) the Borroloola Region, extending from the mouth of Bing Bong Creek to Pelican Spit; or (d) other areas approved by the Director.

81 Entry criteria (1) The Director shall not grant a Coastal Net Fishery licence other than to a person: (a) who was licensed under the repealed Regulations to engage in the Bait Fishery and to catch bait in that fishery during 1992 or who was licensed under the repealed Regulations to engage in the Special Purpose Fishery during 1992 and to use haul net in that fishery; and (b) who, subject to subregulation (2), owns or leases a vessel of not less than 5 m in length for use in the fishery. (2) Subregulation (1)(b) does not apply in respect of an applicant who was licenced under the repealed Regulations to engage in the Bait Fishery during 1992.

83 Area of fishery (1) The Coastal Net Fishery area is that area extending seaward from the coastline from the high water mark to an imaginary line following the coastline 3 nautical miles from the low water mark. (2) However, in the vicinity of Darwin Harbour and Shoal Bay the fishery area does not include any area landwards of an imaginary line extending from co-ordinates 6760E 86300N (Charles Point) to co-ordinates 7185E 86544N (Gunn Point), which co-ordinates are more particularly described on Map Sheet Darwin 5073 and Map

Fisheries Regulations 1992 67 Sheet Koolpinyah 5173 lodged with the Surveyor-General, Darwin.

84 Fishing gear A Coastal Net Fishery licensee must not use under the licence fishing gear other than: (a) a coastal net, if the net: (i) where it is anchored or staked, is anchored or staked at one end only; and (ii) while catch is being cleared, is in not less than 30 cm of water; and (iii) is used in the region in which its use is permitted by the (b) a cast net.

85 Certain fish not to be taken A Coastal Net Fishery licensee must not take barramundi, king

86 Declaration of Bait Net Fishery Spanish mackerel and mud crab) by bait net or cast net for sale as bait is hereby declared to be the Bait Net Fishery.

87 Entry criteria and number of licences The Director must not grant a Bait Fish Fishery licence other than to a person: (a) who was licensed under the repealed Regulations to engage in the Bait Net Fishery during 1992; and (b) who does not hold a Coastal Net Licence.

89 Area of fishery (1) The Bait Net Fishery area is the area extending seaward from the high water mark to an imaginary line following the coastline 3 nautical miles from the low water mark but does not include the Mary River Fish Management Zone.

Fisheries Regulations 1992 68 (2) However, in the vicinity of Darwin Harbour and Shoal Bay the fishery area does not include any area landwards of an imaginary line extending from co-ordinates 6760E 86300N (Charles Point) to co-ordinates 7185E 86544N (Gunn Point), which co-ordinates are more particularly described on Map Sheet Darwin 5073 and Map Sheet Koolpinyah 5173 lodged with the Surveyor-General, Darwin.

90 Fishing gear A Bait Net Fishery licensee must not use under the licence fishing gear other than: (a) a bait net where it is: (i) not anchored or staked; and (ii) hauled by hand; and (iii) attended at all times when in use; and (iv) while catch is being cleared, in not less than 30 cm of water; and (b) a cast net; and (c) a scoop net and gaff. 91 Certain fish not to be taken A Bait Net Fishery licensee must not take barramundi, king Division 4 Spanish Mackerel Fishery 92 Declaration of fishery The industry of taking Spanish mackerel is declared to be the Spanish Mackerel Fishery.

96 Definitions combined Blacktip Shark means fish of the following species: (a) Carcharhinus limbatus;

Fisheries Regulations 1992 69 (b) Carcharhinus tilstoni. combined fin fish group (by-product) species means all retained fin fish species other than Grey Mackerel and no-take species. combined other Shark group species means all retained shark species other than combined Blacktip Shark, Spot-tail Shark or combined Shark group. combined Shark group means fish of the following species: (a) Carcharhinus amblyrhynchos; (b) Carcharhinus amboinensis; (c) Carcharhinus brevipinna; (d) Carcharhinus leucas; (e) Carcharhinus obscurus; (f) Carcharhinus plumbeus; (g) Galeocerdo cuvier; (h) Eusphyra blochii; (i) Negaprion acutidens; (j) Sphyrna lewini; (k) Sphyrna mokarran. Eastern Grey Mackerel Management Zone, see regulation 96C(3). fishery unit, see regulation 96CC(1). Grey Mackerel means fish of the species Scomberomorus semifasciatus. no-take species, see regulation 96D(3). Off-shore Net and Line Fishery area, see regulation 96B(1). ONLF licence means an Off-Shore Net and Line Fishery licence. quota unit, see regulation 96CF(1). Act in relation to the Off-shore Net and Line Fishery.

Fisheries Regulations 1992 70 Spot-tail Shark means fish of the species Carcharhinus sorrah. total allowable catch, see regulation 96CE. Western Grey Mackerel Management Zone, see regulation 96C(2).

96A Declaration of Off-shore Net and Line Fishery The industry of taking fish by using the fishing gear mentioned in regulation 100(1)(a), (b) or (c) is declared to be the Off-shore Net and Line Fishery.

96B Area of fishery (1) The Off-shore Net and Line Fishery area is the area extending seaward from the low water mark to the outer boundary of the Australian fishing zone to the extent the waters are waters relevant to the Northern Territory. waters relevant to the Northern Territory means the waters described in Schedule 1, item 7 (Scheduled area for the Northern Territory) to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth).

96C Mackerel Management zones (1) Within the Off-shore Net and Line Fishery area there are two management zones relating to Grey Mackerel, the Western Grey Mackerel Management Zone and the Eastern Grey Mackerel Management Zone, that make up the waters of the Fishery area. (2) The Western Grey Mackerel Management Zone lies west of a line, commencing at the low water mark at Cape Arnhem at the point where the meridian of longitude 136°58.767' East meets the coast and extending due north until it intersects with the outer boundary of the Australian Fishing Zone. Note for subregulation (2) Co-ordinates are shown in Geocentric Datum of Australia 1994 (GDA94) degrees decimal minutes (DD MM.MMM). (3) The Eastern Grey Mackerel Management Zone lies east of the line mentioned in subregulation (2).

Fisheries Regulations 1992 71 96CA ONLF licence (1) The holder of an ONLF licence may participate in the Off-shore Net and Line Fishery in accordance with this Division. (2) An ONLF licence cannot be transferred. 96CB Grant of ONLF licence The Joint Authority may grant an ONLF licence to a person if: 96CC Fishery units generally (1) A fishery unit is a unit that entitles the holder of the ONLF licence to which the unit is attached to be allocated a share of the total The share is calculated under regulation 96CG. (3) A fishery unit may be transferred under Subdivision 4. (4) A fishery unit attached to an ONLF licence that is cancelled is taken to be transferred to the Territory on the day of the cancellation. (5) A fishery unit attached to an ONLF licence that expires and is not 96CD Total number of fishery units In the Off-shore Net and Line Fishery there are a total of: (a) 404 000 fishery units for grey mackerel species from the Western Grey Mackerel Management Zone; and

Fisheries Regulations 1992 72 (b) 131 000 fishery units for grey mackerel species from the Eastern Grey Mackerel Management Zone; and (c) 434 694 fishery units for combined Blacktip Shark; and (d) 121 446 fishery units for Spot-tail Shark; and (e) 246 441 fishery units for combined Shark group; and (f) 126 447 fishery units for combined other Shark group species; and (g) 59 397 fishery units for combined fin fish group (by-product) 96CE Total allowable catch The total amount of fish that may be taken under all ONLF licences (a) 404 000 kg of grey mackerel species from the Western Grey Mackerel Management Zone; and (b) 131 000 kg of grey mackerel species from the Eastern Grey Mackerel Management Zone; and (c) 434 694 kg of combined Blacktip Shark; and (d) 121 446 kg of Spot-tail Shark; and (e) 246 441 kg of combined Shark group; and (e) 126 447 kg of combined other Shark group species; and (f) 59 397 kg of combined fin fish group (by-product) species, including 13 500 kg of Spanish Mackerel. 96CF Quota units generally holder of the ONLF licence to which the unit is attached to take 1 kg of the species group to which the quota unit relates from the Off-shore Net and Line Fishery area in accordance with this Division.

Fisheries Regulations 1992 73 (2) For Grey Mackerel, quota units relate to either the Eastern Grey Mackerel Management Zone or the Western Grey Mackerel Management Zone (3) A quota unit is used when the holder of the ONLF licence to which take 1 kg of the species group to which the quota unit relates from the Off-shore Net and Line Fishery area, or the relevant zone within the area. (4) A quota unit expires on 30 June of the licence year in which the unit (5) A quota unit may be transferred under Subdivision 4. (6) The Joint Authority must, if satisfied the holder of an ONLF licence has used one or more quota units attached to the licence: regulation 96CH before cancelling any other quota units (7) A quota unit is taken to be cancelled if: (b) the ONLF licence to which it is attached is cancelled. 96CG Annual allocation of quota units ONLF licence to which fishery units are attached. (2) If an ONLF licence to which fishery units are attached is renewed after 1 July in a licence year, on the date the licence is renewed, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to the licence.

Fisheries Regulations 1992 74 allocated to the ONLF licence. attached to the ONLF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. as mentioned in regulation 96CD. allocate quota units to an ONLF licence in relation to which any fees are due then, despite the subregulation: 96CH Additional allocation of quota units for undercatch (a) one or more eligible quota units attached to an ONLF licence (b) the licence is renewed the following licence year. (2) The Joint Authority must allocate to the ONLF licence the number of quota units for each species group that is equal to the lesser of:

Fisheries Regulations 1992 75 A = (AQ + BQ - TQ) x 0.1 (a) immediately after an allocation to the ONLF licence is made under regulation 96CG; or (a) quota units allocated to the ONLF licence under regulation 96CG or 237; or (b) quota units allocated to another ONLF licence under regulation 96CG or 237 and subsequently transferred to the holder of the ONLF licence.

Fisheries Regulations 1992 76 96CI Overcatch (1) An overcatch is when any of the following occurs: (a) an ONLF licensee has taken more than 794 kg of Spanish mackerel during a licence year; (b) an ONLF licensee has, within a licence year, taken more of a species group than the licensee is entitled to take under the quota units attached to the licence relevant to the species group. (2) The Joint Authority may, as soon as practicable after an overcatch occurs, give the ONLF licensee a notice (an overcatch notice) specifying the amount of the overcatch. (3) The overcatch notice, or a later notice, may impose an overcatch fee (if applicable) determined by the Joint Authority under (4) The Joint Authority may determine the amount of a fee (the overcatch fee) for each kilogram of overcatch of a species group taken by an ONLF licensee in a licence year. (5) An overcatch fee is not applicable in the circumstance mentioned in subregulation (1)(a) unless the total amount of Spanish mackerel taken to date in the licence year in the Off-shore Net and Line Fishery area is in excess of 13 500 kg. (6) After being given an overcatch notice, an ONLF licensee must do (a) for an overcatch that is not one mentioned in subregulation (1)(a) – within 7 days of being given the notice, arrange for the transfer to the licence of the number of quota units relevant to the species group equal to the overcatch amount specified in the notice; (b) within 30 days of being given the notice – pay any overcatch fee imposed. 96CJ Application for transfer and approval by Joint Authority (1) The holder of an ONLF licence may apply to the Joint Authority for (a) the holder of an ONLF licence; or

Fisheries Regulations 1992 77 (b) an applicant for, or person who intends to apply for, an ONLF suspended ONLF licence. 96CK Effective date of transfer fishery units or quota units to the holder of an ONLF licence, the intends to apply for, an ONLF licence: granted an ONLF licence within 14 days after the date the 96CL Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of an ONLF licence 96CM Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to an ONLF licence is made by the Joint Authority entering in the register the number of fishery units or quota units that are allocated to the licence.

Fisheries Regulations 1992 78 (2) Within 7 days after making an allocation to an ONLF licence, the Joint Authority must give the holder of the licence written notice of the allocation. 96CN Transfer of fishery units or quota units takes effect or is taken to have occurred under regulation 96CC, the (a) are no longer attached to the ONLF licence from which they (b) are attached to the transferee's ONLF licence or, if transferred 96CO Cancellation of quota units (2) Within 7 days after cancelling a quota unit attached to an ONLF licence, the Joint Authority must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 96CF, the

96D Taking of fish (1) The holder of an ONLF licence must not take fish under the licence except in the Off-shore Net and Line Fishery area. (1B) An Off-shore Net and Line Fishery licensee must not take fish under the licence unless the licensee has a quota unit that gives the licensee the right to do so. Note for subregulation (1B) Because of regulation 96CI(1)(b), regulation 96CI applies if a licensee contravenes this subregulation.

Fisheries Regulations 1992 79 (2) An Off-shore Net and Line Fishery licensee may, during a voyage, take as by-catch: (a) 30 Spanish mackerel, trunked or retained as whole fish; and (b) for each tonne of grey mackerel taken by the licensee during the voyage – not more than an additional 10 Spanish mackerel, trunked or retained as whole fish; and (ba) 5 black jewfish, trunked or retained as whole fish; and (c) 50 kg of snapper. (2A) An Off-shore Net and Line Fishery licensee must not take Spanish mackerel, black jewfish or snapper other than in accordance with (3) An Off-shore Net and Line Fishery licensee must not take barramundi, king threadfin or mud crab (each a no-take species) under the licence.

100 Fishing gear (1) An Off-shore Net and Line Fishery licensee must not use under the licence fishing gear other than: (a) demersal long-line and gaff in the area extending seaward from an imaginary line following the low water mark to the outer boundary of the Australian fishing zone; and (b) pelagic long-line in the area extending seaward from an imaginary line following the coastline 3 nautical miles seaward from the baseline to the outer boundary of the Australian fishing zone; and (c) pelagic net in the area extending seaward from an imaginary line following the coastline 2 nautical miles seaward from the low water mark to the outer boundary of the Australian fishing zone. (4) The holder of an ONLF licence may only use demersal long-line or pelagic long-line if the total length of all line used under the licence at the one time is not more than 15 nautical miles. (5) The holder of an ONLF licence must not use pelagic net within the Mary River Fish Management Zone.

Fisheries Regulations 1992 80 (6) An Off-shore Net and Line Fishery licensee must not have more than 1 000 snoods on a vessel used under the licence. (7) An Off-shore Net and Line Fishery licensee must not have an auto-baiting device on a vessel used under the licence.

100A Maintenance and operation of vessel monitoring system (1) The holder of an ONLF licence must maintain the vessel monitoring operating at all times. (3) Subregulation (2) does not apply if the Joint Authority gives the holder written approval for the system not to be operating. (4) If the Joint Authority gives written approval under subregulation (3), the holder must comply with all conditions, restrictions or limitations specified in the approval.

100B Navigating in Grey Mackerel Management Zones (1) The holder of an ONLF licence commits an offence if: (a) a vessel being used for fishing under the licence is navigated in a Grey Mackerel Management Zone; and (b) there is pelagic net on the vessel; and (c) the holder does not meet Grey Mackerel minimum quota units relevant to the zone; and (d) information given by the vessel monitoring system fitted to the vessel shows that, at any time while moving in the management zone the vessel travelled at a speed of less than 5 nautical miles per hour as worked out under subregulation (3).

Fisheries Regulations 1992 81 (2) Subregulation (1) does not apply if: (a) the vessel travels at a speed of less than 5 nautical miles per hour only immediately before and after being stationary; or (b) the Joint Authority gives the holder approval for the vessel to be navigated in the management zone and the vessel is navigated in accordance with any instructions given by the Joint Authority. (3) For subregulation (1)(d), to work out a vessel's speed: (a) for each consecutive pair of points identified by the vessel monitoring system fitted to the vessel, identify the shortest distance between the pair of points in a straight line; and (b) divide the distance by the time taken by the vessel to travel between the two points.

100C Minimum quota units to be held at start of voyage (1) The holder of an ONLF licence commits an offence if: (a) the holder takes fish under the licence using demersal long-line or pelagic long-line methods during a voyage; and (i) 5 000 quota units for combined Blacktip Shark; and (ii) 1 600 quota units for Spot-tail Shark; and (iii) 4 700 quota units for combined Shark group; and (iv) 2 400 quota units for combined other Shark group (2) The holder of an ONLF licence commits an offence if: (a) the holder takes fish under the licence using pelagic net methods during a voyage targeting Grey Mackerel; and (i) 2 700 quota units for Grey Mackerel, relevant to the management zone from which the fish are to be taken; and

Fisheries Regulations 1992 82 (ii) 1 050 quota units for combined Blacktip Shark; and (iii) 250 quota units for Spot-tail Shark; and (iv) 150 quota units for combined Shark group; and (v) 50 quota units for combined other Shark group species; and (vi) 300 quota units for combined fin fish species. (3) The holder of an ONLF licence commits an offence if: (a) the holder takes fish under the licence using pelagic net methods during a voyage targeting sharks; and (i) 1 100 quota units for Grey Mackerel species relevant to the management zone from which the fish are to be taken; and (ii) 3 700 quota units for combined Blacktip Shark; and (iii) 800 quota units for Spot-tail Shark; and (iv) 600 quota units for combined Shark group; and (v) 150 quota units for combined other Shark group species; and (vi) 150 quota units for combined fin fish species.

100D No fishing under another licence during voyage (1) The holder of an ONLF licence must not, during one voyage, take a fish under the licence and take a fish under any other licence.

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100E Fish not to be moved between vessels (1) The holder of an ONLF licence must ensure a fish taken under the

100F Processing at sea (1) The holder of an ONLF licence must ensure that all sharks are landed with fins naturally attached. (2) Subregulation (1) does not prevent trunking of sharks. (3) However, for Hammerhead sharks the heads must remain attached to the body for accurate species identification when: (a) no fishing monitoring equipment is in place; and (b) 37 tonnes of Scalloped Hammerhead sharks have been taken in a licence year. (4) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to land sharks without fins attached. Hammerhead sharks means fish of the following species: (a) Sphyrna lewini; (b) Sphyrna mokarran. Scalloped Hammerhead sharks means fish of the species Sphyrna lewini.

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100G Unloading fish The holder of an ONLF licence must ensure that a fish taken under the licence is unloaded from the vessel from which it was taken (or from the vessel to which the fish was moved if regulation 100E(2) (b) in the Gove port; or (c) if the Joint Authority has given the holder written approval for